Walnut Creek City Zoning Code

PART II

BASE DISTRICT REGULATIONS

10-2.2.101 Purpose and Intent.

The purpose of the Single-Family Residential Zoning District is to provide for single-family residential development that is consistent with the General Plan. The intent is to promote and encourage a suitable environment for family life. This would include those conditionally permitted uses that are generally an integral part of single-family residential neighborhoods and that are compatible with residential activities including parks, playgrounds, religious assembly, day care, and schools.

10-2.2.102 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)(J)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential
5. Multiple-Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single-Family Residential	P
9. Supportive Housing	L(14)
10. Transitional Housing	L(14)
B. Commercial Use Classifications
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables	L(2)
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and Drinking Establishments
a. Eating and Drinking Establishments
(1) With Alcoholic Beverage Service
(2) With Live Entertainment/Dancing
(3) With Take-out Service
(a) Drive-up
(4) With Permanent Outdoor Seating
(5) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip.
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
b. Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building	L(3)
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Clubs and Lodges
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	L(5)
14. Public Parking Facilities
15. Public Safety Facilities	U
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(6)	(F)
(2) Small Collection Facility	L(6)	(F)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility	L(7)
20. Schools, Public or Private	U
21. Skilled Nursing Facilities
22. Utilities, Major	L(8)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters	L(9)
2. Accessory Structure	L(10)	(A)
3. Accessory Uses	L(11)
a. Garage Sales	P
b. Home Occupations	L(11)	(B)
c. Personal Cannabis Cultivation	L(13)	(H)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(12)
2. Christmas Tree Sales	L(12)
3. Civic/Community Events	L(12)
4. Farmers Markets	L(12)
5. Live Entertainment Events	L(12)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(12)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(12)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Not permitted in the R-8, R-8.5, R-10, R-12, and R-15 zoning districts. Permitted upon approval of a Minor Use Permit in the R-20 and R-40 zoning districts subject to the regulations in Sec. 10-2.3.108. Animals.
L(3)	In the R-40 zoning district, private country clubs and golf courses are permitted upon approval of a Conditional Use Permit. All other uses within this category are not permitted.
L(4)	Repealed by Ord. 2243.
L(5)	Private neighborhood swim centers, owned and operated by and for the residents of the neighborhood in which such uses are located, are permitted upon approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(6)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(7)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2. Off-site Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as required for the Residential Use Classifications in Sec. 10-2.2.103.
L(8)	Electrical substations, aboveground electrical transmission lines water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(9)	Accessory living quarters, as defined in Part I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(10)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(11)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(12)	Permitted in private country clubs and golf courses, neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(13)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(14)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.103. Accessory Structures.
(B)	See Sec. 10-2.3.107. Home Occupations.
(C)	See Sec. 10-2.3.108. Animals.
(D)	See Part III, Article 6. Child Day Care Facilities.
(E)	See Sec. 10-2.3.109. Bed and Breakfast Inns.
(F)	See Part III, Article 7. Recycling Facilities.
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 15. Qualified Senate Bill 9 Properties.

(§5, Ord. 2129, eff. 7/3/14; §§7(1), (6)—(8), Ord. 2183, eff. 9/8/18; §4, Ord. 2188, eff. 3/8/19; §7, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §7, Ord. 2234, eff. 11/17/23; §3(3), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.103 Property Development Regulations.

The following schedule prescribes development regulations for the Single Family Residential Zoning District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	D(1), D(2), D(3), D(5)
1. R-8	8,000 sq ft
2. R-8.5	8,500 sq ft
3. R-10	10,000 sq ft
4. R-12	12,000 sq ft
5. R-15	15,000 sq ft
6. R-20	20,000 sq ft
7. R-40	40,000 sq ft
B. Minimum Lot Width	D(1), D(2), D(3), D(5)
1. R-8	75 feet
2. R-8.5	75 feet
3. R-10	80 feet
4. R-12	90 feet
5. R-15	100 feet
6. R-20	120 feet
7. R-40	140 feet
C. Minimum Lot Frontage	D(1), D(2), D(3), D(4), D(5)
1. R-8	75 feet
2. R-8.5	75 feet
3. R-10	80 feet
4. R-12	90 feet
5. R-15	100 feet
6. R-20	120 feet
7. R-40	140 feet
D. Minimum Lot Depth	D(1), D(2), D(5)
1. R-8, R-8.5	95 feet
2. R-10, R-12	100 feet
3. R-15	120 feet
4. R-20, R-40	150 feet
E. Minimum Setbacks	D(1), D(2), D(3), D(4), D(5)
1. Front
a. R-8, R-8.5, R-10, R-12, R-15, R-20	20 feet
b. R-40	30 feet
2. Side
a. R-8, R-8.5, R-10	5', aggregate 15'/second story 10'	D(10)
b. R-12	10'
c. R-15	10', aggregate 25'
d. R-20, R-40	15'
3. Corner Side
a. R-8, R-8.5, R-10, R-12, R-15	10 feet	D(6)
b. R-20	15 feet
c. R-40	30 feet
4. Rear
a. R-8, R-8.5, R-10, R-12, R-15	15 feet
c. R-20, R-40	20 feet
F. Maximum Height	25 feet, 2 stories
G. Density		D(7)
H. Maximum Lot Coverage
1. R-8, R-8.5	40%
2. R-10	35%
3. R-12	30%
4. R-15, R-20	25%
5. R-40	NA
I. Threshold Floor Area Ratio (including garage and all other buildings)
1. R-8, R-8.5, R-10	.42	D(10)
2. R-12, R-15, R-20	N/A
J. Floor Area Distribution (Maximum percentage of floor area on second floor of principal structure, where total floor area includes garage)
1. R-8, R-8.5, R-10	40%	D(10)
2. R-12, R-15, R-20	N/A
K. Distance Between Buildings	5 feet
L. Placement of Mailboxes		D(8)
M. Temporary Tract Offices	See Sec. 10-2.3.113.
N. Fences and Walls	See Sec. 10-2.3.104.
O. Antennas	See Sec. 10-2.3.120.
P. Non-Conforming Conditions	See Part III, Article 3.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10. Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Design Review		D(9)
W. Stormwater Control	See Title 9, Chapter 16.
X. Landscaping	See Part III, Article 11.	D(11)

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	For development of uses (other than Residential Care Facilities) within the Commercial and Community Facility Use Classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit. The development regulations for a Residential Care Facility shall be the same as required for the Residential Use Classifications.
D(2)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(3)	In the event that more than 1/2 of the front lot line is a concave curve, the minimum lot frontage shall be not less than 1/2 the required lot width, and the actual width of the lot measured at the real line of the require front yard shall be not less than 80% of the required lot width.
D(4)	See Sec. 10-2.3.102. Yards, Setbacks and Open Areas.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	The side yard on the street side of a reversed corner lot shall be not less than the required front yard in the R district in which such lot is located.
D(7)	The maximum permitted density shall be determined by the stricter of the following three regulations: General Plan Land Use Map; Maximum Lot Coverage as determined in H. above; Maximum density as permitted under Part III, Article 4. Hillside Performance Standards.
D(8)	No mailbox shall be placed within the minimum required depth of the front yard in the sidewalk area between the curb and property line in any R or D-3 district unless the regulations of the U.S. Postal Service specifically mandate such placement. The Chief of Code Enforcement may grant an exception to the above restriction wherein special circumstances applicable to the property such as size, shape, location of buildings justify the exception.
D(9)	Except for those single family dwellings and accessory structures exempted from the provisions of this section, no new building shall be constructed or moved onto any building site, nor shall any existing non-residential building be enlarged, remodeled or otherwise altered on the exterior, nor shall any landscaping previously required pursuant to any permit be altered, nor shall any parking layout or dimension be altered until the design plan and site plan have received Design Review approval pursuant to Part IV, Article 12. Of this Chapter. See Part IV, Article 12 of this Chapter for design review requirements for single family dwellings, additions to single family dwellings, and other buildings on single family lots.
D(10)	Exceptions to these regulations may be permitted with Design Review approval pursuant to Part IV, Article 12, of this Chapter.
D(11)	A minimum of twenty percent (20%) of the lot net area shall be landscaped. A minimum of forty percent (40%) of the front and corner side yards shall be landscaped, excluding driveways. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. See also Private Residential Outdoor Space in Section 10-2.3.126.

(Ord. 2005, eff. 12/19/02; §2, Ord. 2037, eff. 12/17/04; §19, Ord. 2046, eff. 12/1/2005; §5, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24; §4(2), Ord. 2244, eff. 11/1/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.201 Purpose and Intent.

The purpose of the Duplex Residential Zoning District is to provide for certain residential areas where a compatible mix of single-family and duplex dwelling units is likely to occur. The intent is to stabilize and protect the essential residential characteristics of the following areas: 1) residential areas in the vicinity of the Pedestrian Retail area that are primarily developed with single family dwellings; and 2) areas adjacent to both single family residential and multiple family residential.

10-2.2.202 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential
5. Multiple Family Residential	L(2)
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single Family Residential	P
9. Supportive Housing	L(13)
10. Transitional Housing	L(13)
B. Commercial Use Classifications
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and Drinking Establishments
a. Eating and Drinking Establishments
(1) With Alcoholic Beverage Service
(2) With Live Entertainment/Dancing
(3) With Take-out Service
(a) Drive-up
(4) With Permanent Outdoor Seating
(5) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
(1) Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Clubs and Lodges	L(3)
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	L(4)
14. Public Parking Facilities
15. Public Safety Facilities
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(5)	(F)
(2) Small Collection Facility	L(5)	(F)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility	L(6)
20. Schools, Public or Private	U
21. Skilled Nursing Facilities	U
22. Utilities, Major	L(7)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters	L(8)
2. Accessory Structure	L(9)
3. Accessory Uses	L(10)
a. Garage Sales	P
b. Home Occupations	L(10)
c. Personal Cannabis Cultivation	L(12)	(H)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(11)
2. Christmas Tree Sales	L(11)
3. Civic/Community Events	L(11)
4. Farmers Markets	L(11)
5. Live Entertainment Events	L(11)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(11)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(11)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Duplexes or more than one single family dwelling are permitted, not to exceed 4 dwelling units on any one lot, regardless of size. All other uses within this classification, including buildings containing three or more units, are not permitted.
L(3)	Permitted on approval of a Conditional Use Permit. In approving the Use Permit the Planning Commission shall find that: 1) the proposed facility is located on a collector or arterial street; and 2) the facility is under 2,500 square feet in size.
L(4)	Private neighborhood swim centers, owned and operated by and for the residents of the neighborhood in which such uses are located, are permitted upon approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(5)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(6)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2. Off-site Parking and Loading Regulations. shall be provided.
L(7)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(8)	Accessory living quarters, as defined in Park I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(9)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(10)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses see the use regulation for the primary use classification.
L(11)	Permitted in neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(12)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(13)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.103. Accessory Buildings
(B)	See Sec. 10-2.3.107. Home Occupations.
(C)	See Sec. 10-2.3.108. Animals.
(D)	See Part III, Article 6. Child Day Care Facilities.
(E)	See Sec. 10-2.3.109. Bed and Breakfast Inns.
(F)	See Part III, Article 7. Recycling Facilities.
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.

(§6, Ord. 2129, eff. 7/3/14; §§7(1), (9)—(11), Ord. 2183, eff. 9/8/18; §5, Ord. 2188, eff. 3/8/19; §8, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §3(4), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.203 Property Development Regulations.

The following schedule prescribes development regulations for the Duplex Residential District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	6,000 sq. ft.	D(1), D(2), D(3)
B. Minimum Lot Width	60 ft.	D(2), D(3)
C. Minimum Lot Frontage	60 ft.	D(2), D(3), D(5)
D. Minimum Lot Depth	NA
E. Minimum Setbacks	D(2), D(3), D(4), D(5)
1. Front	15 ft.
2. Side		D(6)
3. Corner Side	10 ft.	D(6)
4. Rear	10 ft.
F. Maximum Height	25 ft., 2 stories
G. Density		D(7)
H. Maximum Lot Coverage	50%
I. Distance Between Buildings		D(8)
J. Placement of Mailboxes		D(9)
K. Design Review		D(10)
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Elevators	See Sec. 10-2.3.124.
P. Recycling Facilities	See Part III, Article 7.
Q. Parking and Loading	See Part III, Article 2.
R. Signs	See Title 10, Chapter 8.
S. Preservation of Trees	See Title 3. Chapter 8.
T. Hillside Performance Standards	See Part III, Article 4.
U. Stormwater Control	See Title 9, Chapter 16.
V. Landscaping	See Part III, Article 11.	D(11)
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any lot which is non-conforming because of area may be used for only one single family dwelling and accessory buildings and uses.
D(2)	For development of uses within the Commercial and Community Facility Use Classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit.
D(3)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(4)	See. Sec. 10-2.3.102. Yards, Setbacks and Open Areas.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	The minimum interior side yards for one-story buildings in The D-3 district shall be 5 feet on each side. Every building over one story shall provide a setback, for the second story, of 5 feet, plus 3 inches of additional setback for each foot that such building exceeds 10 feet in height. The side yard on the street side of a reversed corner lot shall be 15 feet.
D(7)	The maximum permitted density shall be determined by the stricter of the following three regulations:
	(a) General Plan Land Use Map;
	(b) Minimum Lot Area as determined in A. above. In addition: 1) there shall be not less than 6,000 square feet of lot area for 2 dwelling units and 4,500 square feet of lot area for each dwelling unit in excess of 2 on one lot; 2) no more than 4 dwelling units are permitted on any one lot, regardless of lot size; and 3) buildings containing three or more units are not permitted.
	(c) Maximum density as permitted under Part III, Article 4. Hillside Performance Standards.
D(8)	The minimum distance between two buildings on one lot shall be as follows: (a) Between two main buildings: 10 feet. (b) Between a main building and an accessory building: 5 feet.
D(9)	No mailbox shall be placed within the minimum required depth of the front yard in the sidewalk area between the curb and property line in any R or D-3 district unless the regulations of the U.S. Postal Service specifically mandate such placement. The Chief of Code Enforcement may grant an exception to the above restriction wherein special circumstances applicable to the property such as size, shape, location of buildings justify the exception.
D(10)	Except for those single family dwellings, duplex dwellings and accessory structures exempted from the provisions of this section, no new building shall be constructed or moved onto any building site, nor shall any existing non-residential building be enlarged, remodeled or otherwise altered on the exterior, nor shall any landscaping previously required pursuant to any permit be altered, nor shall any parking layout or dimension be altered until the design plan and site plan have received Design Review approval pursuant to Part IV, Article 12. of this Chapter.
	The provisions of this section D(10) shall not apply to:
	(a) Additions to existing single family and duplex dwellings.
	(b) Swimming pools, patios and covers, fences and other accessory structures except when design review is required for the main building and the accessory structure is to be constructed concurrently with the main building.
D(11)	A minimum of twenty percent (20%) of the lot net area shall be landscaped. A minimum of forty percent (40%) of the front and corner side yards shall be landscaped, excluding driveways. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. See also Private Residential Outdoor Space in Section 10-2.3.126.

(§2, Ord. 2037, eff. 12/17/04; §6, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24; §4(3), Ord. 2244, eff. 11/1/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.301 Purpose and Intent.

The purpose of the Multiple Family Residential Districts is to promote and encourage single and multiple family development at densities that are consistent with the General Plan land use designation and surrounding development. The intent is to provide for higher density classifications in and around the core area and adjacent to major transit centers. The lower density classifications will serve as a transition between single family development and commercial areas or higher density residential areas.

In the Core Area, ground floor commercial or retail uses may be permitted upon approval of a conditional use permit (subject to a specific set of findings) in multistory, high density residential complexes. The intent is to provide convenient services for the tenants living in and around these higher density residential complexes. (§7, Ord. 2194, eff. 6/7/19)

10-2.2.302 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations." Where a Use Regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)
1. Adult Day Care Home	P
2. Congregate Living Facility	U
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential	P
5. Multiple Family Residential	P
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(J)
b. Junior Accessory Dwelling Unit	L(15)	(J)
8. Single Family Residential	L(2)
9. Supportive Housing	L(16), L(17)
10. Transitional Housing	L(16)
B. Commercial Use Classifications
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(3)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(4)
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(H)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(5)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(6)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(5)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(6)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(3)
(9) With Off-site Distribution
(a) Micro-brewery	L(3)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(3)
b. Convenience Market	L(3)
(1) With Gasoline Sales
c. Specialty Food Shops	L(3)
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
b. Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services	L(3)
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(3)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Clubs and Lodges	U
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters	L(7)	(K)
11. Hospitals
a. Acute Care
b. Other
12. Low Barrier Navigation Center	L(18)	(K)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities
16. Public Safety Facilities	U
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(8)	(F)
(2) Small Collection Facility	L(8)	(F)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly	U
20. Residential Care Facility	U
21. Schools, Public or Private	U
22. Skilled Nursing Facilities	U
23. Utilities, Major	L(9)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters	L(10)
2. Accessory Structure	L(11)
3. Accessory Use	L(12)
a. Garage Sales	P
b. Home Occupations	L(12)
c. Personal Cannabis Cultivation	L(14)	(I)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(13)
2. Christmas Tree Sales	L(13)
3. Civic/Community Events	L(13)
4. Farmers Markets	L(13)
5. Live Entertainment Events	L(13)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(13)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(13)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Permitted in the M-3 zoning district upon approval of a conditional use permit by the Planning Commission. Not permitted in the M-2.5, M-2.0, M-1.5, M-1.0, and M-0.75 zoning districts. The maximum density for single family residential development in the M-3 zoning district shall be determined by the Planning Commission in the approval of the Use Permit.
L(3)	Permitted on the ground floor of a multistory residential project in the Core Area upon approval of a Conditional Use Permit. Not permitted outside of the Core Area. In approving the Use Permit the Planning Commission must find that:
	a) The proposed use is located on a collector or arterial street in the Core Area;
	b) The use, in terms of activities, location, size, appearance and signage, will not alter nor detract from the residential character of the neighborhood.
L(4)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has adequate security and lighting and that queuing for the ATM does not impede pedestrian or vehicular traffic flow.
L(5)	Permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance.
L(6)	Not permitted if located within 600 feet of a school (as defined in Article 4, Section 10-2.1.403(E)) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to both L(3) and Article 12 of Part III of the Zoning Ordinance.
L(7)	Permitted in the M-1.5, M-1.0, and M-0.75 zoning districts upon approval of a Conditional Use Permit. Not permitted in the M-2.0, M-2.5 and M-3 zoning districts.
L(8)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7, Recycling Facilities, for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(9)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(10)	Accessory living quarters, as defined in Part I, Article 4, Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Section 10-2.3.103, Accessory Structures.
L(11)	Accessory structures are permitted subject to the standards in Section 10-2.3.103, Accessory Structures.
L(12)	Home occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107, Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(13)	Permitted in neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, schools and similar locations subject to the approval of a Temporary Activity Permit (see Section 10-2.3.118, Temporary Activity Permits).
L(14)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(15)	Permitted in the M-3 zoning district. Not permitted in the M-2.5, M-2.0, M-1.5, M-1.0, and M-0.75 zoning districts.
L(16)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(17)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(18)	Permitted by right in the Core Area when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Buildings.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 6, Child Day Care Facilities.
(E)	See Section 10-2.3.109, Bed and Breakfast Inns.
(F)	See Part III, Article 7, Recycling Facilities.
(G)	See Part III, Article 9, Inclusionary Housing.
(H)	See Part III, Article 12, Alcoholic Beverage Sales.
(I)	See Part III, Article 14, Personal and Commercial Cannabis Activities.
(J)	See Part III, Article 5, Accessory Dwelling Units.
(K)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(Ord. 1877, eff. 1/6/96; §§5, 6, 7, Ord. 2109, eff. 6/15/12; §7, Ord. 2129, eff. 7/3/14; §§7(1), (12)—(14), Ord. 2183, eff. 9/8/18; §6, Ord. 2188, eff. 3/8/19; §7, Ord. 2194, eff. 6/7/19; §9, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §3(5), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.303 Property Development Regulations.

The following schedule prescribes development regulations for the Multiple Family Residential Zoning District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
1. M-0.75	10,000 Sq Ft
2. M-1	5,000 Sq Ft
3. M-1.5	9,000 Sq Ft
4. M-2	8,000 Sq Ft
5. M-2.5	10,000 Sq Ft
6. M-3	15,000 Sq Ft	D(2)
B. Minimum Lot Width		D(1)
1. M-0.75	80 Feet
2. M-1	50 Feet
3. M-1.5	90 Feet
4. M-2	60 Feet
5. M-2.5	90 Feet
6. M-3	90 Feet	D(2)
C. Minimum Lot Frontage		D(1)
1. M-0.75	80 Feet
2. M-1	50 Feet
3. M-1.5	90 Feet
4. M-2	60 Feet
5. M-2.5	90 Feet
6. M-3	90 Feet	D(2)
D. Minimum Lot Depth
1. M-0.75	100 Feet
2. M-1, M-1.5, M-2, M-2.5, M-3	NA
E. Minimum Setbacks		D(1), D(3)
1. Front
a. M-0.75	10 Feet	D(14)
b. M-1, M-1.5, M-2, M-2.5	15 Feet	D(15)
c. M-3	20 Feet	D(2)
2. Side		D(1)
a. M-0.75		D(16)
b. M-1, M-1.5, M-2, M-2.5		D(4)
c. M-3		D(5)
3. Corner Side		D(1)
a. M-0.75	10 Feet	D(14)
b. M-1, M-1.5, M-2, M-2.5	10 Feet
c. M-3	20 Feet	D(2)
4. Rear
a. M-0.75		D(16)
b. M-1, M-1.5		D(6)
c. M-2, M-2.5		D(7)
d. M-3		D(8)
F. Maximum Height		D(9)
G. Density
1. Residential
a. M-0.75		D(17)
b. M-1	1 dwelling unit per 1,000 sq. ft. of net lot area
c. M-1.5	1 dwelling unit per 1,500 sq. ft. of net lot area
d. M-2	1 dwelling unit per 2,000 sq. ft. of net lot area
e. M-2.5	1 dwelling unit per 2,500 sq. ft. of net lot area
f. M-3	1 dwelling unit per 3,000 sq. ft. of net lot area	D(2)
2. Commercial		D(10)
3. Mixed Use		D(10)
H. Maximum Lot Coverage
1. M-0.75	70%
2. M-1	70%
3. M-1.5	70%
4. M-2	60%
5. M-2.5	50%
6. M-3	50%	D(2)
I. Distance Between Buildings
1. M-0.75		D(18)
2. M-1, M-1.5, M-2, M-2.5, M-3		D(11)
J. Maximum Net Floor Area Ratio
1. M-0.75		D(19)
2. M-1, M-1.5, M-2, M-2.5, M-3		D(10)
K. Design Review	See Sec. 10-2.4.1202.
L. Landscaping	See Part III, Article 11.	D(12)
M. Storage Space for Residential Units		D(13)
N. Fences and Walls	See Sec. 10-2.3.104.
O. Antennas	See Sec. 10-2.3.120.
P. Nonconforming Conditions	See Part III, Article 3.
Q. Elevators	See Sec. 10-2.3.124.
R. Recycling Facilities	See Part III, Article 7.
S. Parking and Loading	See Part III, Article 2.	D(3), D(10)
T. Signs	See Title 10, Chapter 8.
U. Preservation of Trees	See Title 3, Chapter 8.
V. Hillside Performance Standards	See Part III, Article 4.
W. Stormwater Control	See Title 9, Chapter 16.
X. Private Residential Outdoor Space	See Sec. 10-2.3.126.
Y. Courts	See Sec. 10-2.3.127.
Z. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	For development of uses within the commercial and community facility use classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit.
D(2)	For single-family residential development, the minimum lot area, lot width, lot frontage, maximum lot coverage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit.
D(3)	In the M-0.75 district, no surface, ground-level, or aboveground parking shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street. In the M-1, M-1.5, M-2, M-2.5, and M-3 districts, no parking shall occupy any portion of any required front yard or any required street side yard.
D(4)	The minimum interior side yards for one-story buildings in the M-1, M-1.5, M-2 and M-2.5 districts shall be five (5) feet on each side. Every building over one (1) story shall provide a setback, for the second story, of five (5) feet, plus three (3) inches of additional setback for each foot that such building exceeds ten (10) feet in height.
D(5)	The minimum interior side yard for one-story buildings in the M-3 district shall be ten (10) feet on each side. Every building over one (1) story shall provide a setback, for the second story, of ten (10) feet, plus three (3) inches of additional setback for each foot that such building exceeds ten (10) feet in height. For new single-family development, see L(2). Additions to single-family homes existing as of 2/16/96 (effective date of ordinance) shall conform to the M-3 standards.
D(6)	The minimum depth of the rear yard for buildings in the M-1 and M-1.5 districts shall be three (3) inches per foot of building height, but not less than five (5) feet.
D(7)	The minimum depth of the rear yard for buildings in the M-2 and M-2.5 districts shall be six (6) inches per foot of building height, but not less than ten (10) feet.
D(8)	The minimum depth of the rear yard in the M-3 district shall be twenty (20) feet when adjacent to any single-family development. The minimum depth of the rear yard in the M-3 district, not adjacent to single-family development, shall be ten (10) feet. The minimum depth of the rear yard for new single-family development shall be as determined in L(2). Additions to single-family homes existing as of 2/16/96 (effective date of ordinance) shall conform to the M-3 standards.
D(9)	The maximum building height for multifamily development shall be thirty (30) feet unless otherwise specified in the Zoning Map. The maximum height for single-family development shall be twenty-five (25) feet.
D(10)	For commercial and mixed-use development, the density and parking requirements are to be determined by the Planning Commission in the approval of a Conditional Use Permit.
D(11)	The minimum distance between any two (2) buildings on the same lot in the multiple family districts shall be not less than the sum of the side yards required for each building; except that such distance may be reduced or waived by the Design Review Authority pursuant to Part IV, Article 12, Design Review, and if the Review Authority makes the finding that such distances are not necessary for the maintenance of light, air and privacy for the individual units.
D(12)	A minimum of twenty percent (20%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. A minimum of forty percent (40%) of the yard shall be landscaped. ii. For projects with ground-floor commercial uses, a minimum of twenty percent (20%) percent of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(13)	Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(14)	A reduced setback of five (5) feet is permitted for unenclosed exterior stairs leading directly to the entrance of an individual dwelling unit on the ground floor of a multistory building, and for unenclosed patios not more than three (3) feet in height. Only open or transparent glass railings shall be used for said exterior stairs and patios, except that exceptions may be granted by the Design Review Authority pursuant to Part IV, Article 12, Design Review, and upon a finding that an alternative design is necessary to ensure privacy to the adjacent units, and that the design of the railing is suitable for its location within the setback. An increased setback of fifteen (15) feet is required for the upper portions of a building located more than forty (40) vertical feet from the base elevation.
D(15)	Ten (10) feet within the plan area boundaries of the West Downtown Specific Plan.
D(16)	a) Except where a greater setback is required pursuant to subsection (b) below, the side and rear setbacks shall be as follows: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.

D(17)	The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(18)	See Section 10-2.3.127, Courts.
	Notwithstanding the foregoing, the Design Review Commission may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specified above. In granting design review approval, the Design Review Commission shall find that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.
D(19)	Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 2.5 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

(§2, Ord. 2037, eff. 12/17/04; §5, Ord. 2070, eff. 6/20/2008; §7, Ord. 2108, eff. 4/7/12; §7, Ord. 2194, eff. 6/7/19; §3, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.401 Purpose and Intent.

The purpose of the High Density Residential Planned Development District is to provide multiple family high density housing in close proximity to retail and commercial areas of the downtown Core Area. The intent is to encourage a high density residential neighborhood in the Alma Avenue area while allowing some ground level commercial uses. To provide the greatest flexibility, development will be regulated by a minimum and maximum floor area ratio.

10-2.2.402 Land Use Regulations. Revised 4/25

No use shall be permitted in the High Density Residential Planned Development District except in accord with a valid planned development permit or Section 10-2.3.1702, Ministerial Review Required. Any permitted or conditionally permitted use in the Land Use Regulations Table (as follows) may be included in an approved planned development permit, if consistent with the General Plan land use designation and the Alma Avenue Specific Plan (Specific Plan #9).

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	P
3. Family Day Care Home
a. Small Family Day Care Home	P	(E)
b. Large Family Day Care Home	P	(E)
4. Group Residential
5. Multiple-Family Residential	P
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(K)
b. Junior Accessory Dwelling Unit
8. Single-Family Residential
9. Supportive Housing	L(12), L(13)
10. Transitional Housing	L(12)
B. Commercial Use Classifications		(A)(F)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine	L(2)
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(I)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(4)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(5)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(4)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(5)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(3)
(9) With Off-site Distribution
(a) Micro-brewery	L(3)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(3)
b. Convenience Market	L(3)
(1) With Gasoline Sales
c. Specialty Food Shops	L(3)
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
b. Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services	L(3)
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(3)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications		(A)
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(E)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Low Barrier Navigation Center	L(14)	(L)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities
16. Public Safety Facilities	U
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(6)	(G)
(2) Sml. Collection Facility	L(6)	(G)
(3) Lrg. Collection Facility
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility	U
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(7)
24. Utilities, Minor	P
F. Accessory Uses		(A)
1. Accessory Living Quarters
2. Accessory Structure	L(8)
3. Accessory Use	L(9)
a. Garage Sales	P
b. Home Occupations	L(9)
c. Personal Cannabis Cultivation	L(11)	(J)
G. Temporary Uses		(F)
1. Arts and Crafts Shows, Outdoor	L(10)
2. Christmas Tree Sales
3. Civic/Community Events	L(10)
4. Farmers Markets
5. Live Entertainment Events	L(10)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has adequate security and lighting and that queuing for the ATM does not impede pedestrian or vehicular traffic flow.
L(3)	Permitted on the ground floor of a multi family project upon approval of a Conditional Use Permit (unless developed in conjunction with a multifamily project in which case the use shall be approved as part of the Planned Development Permit). In approving the Use Permit or the Planned Development Permit (if the use is developed in conjunction with a multi family project) the Planning Commission must find that: a) The proposed use is located on Bothelo Avenue; and b) The use, in terms of activities, location, size, appearance and signage, will not alter nor detract from the residential character of the neighborhood.
L(4)	Permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance.
L(5)	Not permitted if located within 600 feet of a school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance.
L(6)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(7)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(8)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(9)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(10)	Permitted in Park and Recreation Facilities subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.113. Temporary Activity Permits).
L(11)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(12)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(13)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(14)	Permitted by right on Bothelo Avenue when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	No use shall be permitted in the High Density Residential Planned Development District except in accord with a valid Planned Development Permit.
(B)	See Sec. 10-2.3.103. Accessory Buildings.
(C)	See Sec. 10-2.3.107. Home Occupations.
(D)	See Sec. 10-2.3.108. Animals.
(E)	See Part III, Article 6. Child Day Care Facilities.
(F)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service and Display.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 12. Alcoholic Beverage Sales.
(J)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(K)	See Part III, Article 5. Accessory Dwelling Units.
(L)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

(Ord. 1877, eff. 1/6/96; §§8, 9, 10, Ord. 2109, eff. 6/15/12; §8, Ord. 2129, eff. 7/3/14; §§7(1), (15)—(17), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §10, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §3(6), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.403 Permit Required.

Except in accord with Section 10-2.3.1702, Ministerial Review Required, any property zoned High Density Residential Planned Development shall not be developed until a planned development (P-D) permit has been obtained pursuant to the provisions of Part IV, Article 10, Planned Development (P-D) Permit. (§3(6), Ord. 2243, eff. 9/7/24)

10-2.2.404 Property Development Regulations.

The following schedule prescribes development regulations for the High Density Residential Planned Development District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	15,000 sq ft	D(1)
B. Minimum Lot Width	100 feet	D(1)
C. Minimum Lot Frontage	100 feet	D(1)
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(2)
G. Density		D(3)
H. Maximum Lot Coverage	NA
I. Design Review	See Sec. 10-2.4.1202.	D(1)
J. Open Space		D(4)
K. Storage Space for Residential Units		D(5)
L. Screening		D(6)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading		D(7)
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Utility Undergrounding		D(8)
V. Stormwater Control	See Title 9, Chapter 16.
W. Landscaping	See Part III, Article 11.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Refer to Specific Plan #9 for Design Guidelines and graphic illustrations of design concepts.
D(2)	The maximum building height is 70 feet, not to exceed 35 feet in designated view corridors surrounding the entrance to the park. The Planning Commission reserves the authority to review and approve the transition between height zones.
D(3)	The maximum base floor area ratio is 1.5. The minimum base floor area ratio is 0.75. Additional floor area over the maximum base FAR will be permitted for projects that include at least 20% of the units reserved for occupancy by low- and moderate-income households, as defined by the U. S. Department of Housing and Urban Development for this metropolitan area. At least 40% of these units (8% of all units) must be reserved for low-income households. The maximum FAR bonus for low and moderate income housing is 0.5.
D(4)	A minimum of twenty percent (20%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. A minimum of forty percent (40%) of the yard shall be landscaped. ii. For projects with ground-floor commercial uses, a minimum of twenty percent (20%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(5)	Each residential unit shall have at least 200 cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.
D(6)	Exterior storage, electrical and mechanical systems shall be screened. Trash and refuse collection and disposal facilities shall be enclosed by a solid fence or hedge that is no lower than the facilities themselves.
D(7)	One space per bedroom, but in no case fewer than 1.25 spaces per unit. Required spaces may be located up to 200 feet from the residential building they serve. Off-site parking shall be permitted if located on a site under the same ownership and a reciprocal parking agreement (that includes the City of Walnut Creek as a party to that agreement) and deed restriction have been recorded on the property.
D(8)	All utilities in the area shall be undergrounded.

(§2, Ord. 2037, eff. 12/17/04; §8, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.501 Purpose and Intent.

The City of Walnut Creek is situated among a series of major and minor hills. These hill constitute a significant natural topographical feature of the community because they are visible to all persons traveling the major highway arteries leading to central Contra Costa County, as well as to citizens residing in and around the community. The migration of substantial number of persons to this area and the attendant technological amenities required to serve that population have not, as yet, detrimentally impinged upon these hills. However, in order to ensure the preservation of most of the hills, ridges, streams, ponds and associated riparian vegetation, ridgelines, and their natural features, a more harmonious visual and functional relationship is required between the existing and natural environment and the growing man-made environment. It is therefore the declared intent of the City that undeveloped land in hillside areas be placed into a Hillside Planned Development District, to be identified by the initials H-P-D, in order to accomplish the following:

a. To preserve significant features of a hill area in essentially their natural state as part of a comprehensive open space system;

b. To encourage, in hill areas, an alternative approach to conventional flat land practices of development;

c. To minimize grading and cut and fill operations consistent with the retention of the natural character of the hill areas;

d. To minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet on-site and off-site development needs;

e. To achieve land use densities that are in keeping with the General Plan; however, in order to retain the significant natural features of the hill areas, densities will diminish as the slope of the terrain increases;

f. To ensure that the open space, as shown on any development plan, is consistent with the open space element shown on the General Plan;

g. To preserve the predominant views both from and of the hill areas and to retain the sense of identity and image that these hill areas now impart to the City of Walnut Creek and its environs; and

h. To preserve, where possible, natural streams, natural and manmade ponds and associated riparian vegetation.

10-2.2.502 Interim Uses.

If any land has been zoned H-P-D but no P-D permit has been approved thereon, no new use shall be established on such land, except in accord with Section 10-2.3.1702, Ministerial Review Required. Any single-family residential or agricultural buildings lawfully existing at the time of the establishment of H-P-D zoning on that property may be enlarged, structurally altered, or accessory buildings may be constructed. Any remodeling or construction of any building as permitted by this article shall conform to the various conditions to use and the development regulations required in the R-40 district. (§3(7), Ord. 2243, eff. 9/7/24)

10-2.2.503 Land Use Regulations.

All land with an Open Space/Agriculture General Plan land use designation is hereby zoned "Hillside Planned Development" ("H-P-D") and shall be limited to a maximum density of one (1) dwelling unit per ten (10) acres. The City Council may authorize density transfers from Open Space/Agriculture lands to other lands pursuant to the procedures set forth in this code or pursuant to procedures established by the City Council; provided, that in no event shall dwelling units be transferred to Open Space/Agriculture lands or high risk areas, and in no event shall the density of the transferred lands exceed the maximum density allowed under the zoning applicable to such transferred lands. In determining the appropriate density transfer credit applicable to any such Open Space/Agriculture land, the City Council may authorize the transfer of a new density of no greater than one (1) dwelling unit per ten (10) acres. (Meas. P; Ord. 1781, 11/5/91)

No use shall be permitted in the Hillside Planned Development District except in accord with a valid planned development permit or Section 10-2.3.1702, Ministerial Review Required. Any permitted or conditionally permitted use in the Land Use Regulations Table may be included in an approved P-D permit, if consistent with the General Plan land use designation. (§3(7), Ord. 2243, eff. 9/7/24)

10-2.2.504 Open Space/Agriculture Land Density.

Development on any Open Space/Agriculture Lands, as defined in this Ordinance, shall: (a) be prohibited on slopes with existing grades of twenty percent (20%) or greater, or within 75 vertical feet of any Ridgeline. or within the area surrounding any Native Tree for a distance of one and one-half times the distance from the trunk to the dripline, which slopes and areas shall be left in their natural state; (b) not exceed a density of one (1) dwelling unit per ten (10) acres; (c) be limited to detached, single family residential housing and normal appurtenances; (d) be located and constructed in such a manner as to prevent visual impacts on scenic vistas and existing neighborhoods; (e) not result in the cutting of or damage to any Native Tree; and (f) not be eligible for density bonuses, adjustments or averaging, including without limitation those provided in Subsection (g) of this Section 10-2.2220. (Meas. P; Ord. 1781, 11/5/91) (Section 10-2.2220. Hillside Planned Development H-P-D Permit has been eliminated from the zoning code. The statement in italics is no longer applicable.)

10-2.2.505 High Risk Area Density.

Development within areas identified as High Risk Areas shall be limited to a maximum density of one (1) dwelling unit per twenty acres. If any High Risk Area is located wholly or partly within Open Space/Agriculture Lands, said area shall be subject to the provisions of Sec. 10-2.2.504., except that the maximum density shall be as specified in this section. (Meas. P; Ord. 1781, 11/5/91)

10-2.2.506 Land Use Regulations Table. Revised 4/25

No use shall be permitted in the Hillside Planned Development District except in accord with a valid Planned Development Permit. Any permitted or conditionally permitted use in the Land Use Regulations Table (as follows) may be included in an approved Planned Development Permit, if consistent with the General Plan land use designation.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted upon approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(G)(J)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(E)
b. Large Family Day Care Home	P	(E)
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single Family Residential	P
9. Supportive Housing	L(11)
10. Transitional Housing	L(11)
B. Commercial Use Classifications		(A)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables	L(2)
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and Drinking Establishments
a. Eating and Drinking Establishments
(1) With Alcoholic Beverage Service
(2) With Live Entertainment/Dancing
(3) With Take-out Service
(a) Drive-up
(4) With Permanent Outdoor Seating
(5) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building	L(3)
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Sales/New and Used
b. Automobile Washing
c. Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications		(A)
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)	L(2)
3. Clubs and Lodges
4. College, Public or Private	P
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Low Barrier Navigation Center
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	P
14. Public Parking Facilities
15. Public Safety Facilities
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(4)	(F)
(2) Small Collection Facility	L(4)	(F)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	P
19. Residential Care Facility
20. Schools, Public or Private	P
21. Skilled Nursing Facilities
22. Utilities, Major	L(5)
23. Utilities, Minor	P
F. Accessory Uses		(A)
1. Accessory Living Quarters	L(6)
2. Accessory Structure	L(7)
3. Accessory Uses
a. Accessory Uses	L(8)
b. Garage Sales	P
c. Home Occupations	L(8)
d. Personal Cannabis Cultivation	L(10)	(H)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(9)
2. Christmas Tree Sales
3. Civic/Community Events	L(9)
4. Farmers Markets
5. Live Entertainment Events	L(9)
6. Outdoor Seating/Eating and Drinking Establishment
7. Pumpkin Sales
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(9)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Permitted if such use is owned by and used exclusively for the residents of the subdivision or series of subdivisions which contain such use .
L(3)	Private country clubs and golf courses or golf courses for general public use are permitted. All other uses within this category are not permitted.
L(4)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(5)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(6)	Accessory living quarters, as defined in Part I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(7)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(8)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations ). Garage sales are a permitted use. For all other accessory uses, see the use regulation for the primary use classification.
L(9)	Permitted in private and public country clubs and golf courses, neighborhood swim centers, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(10)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(11)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	No use shall be permitted in the Hillside Planned Development District except in accord with a valid Planned Development Permit.
(B)	See Sec. 10-2.3.103. Accessory Structures.
(C)	See Sec. 10-2.3.107. Home Occupations.
(D)	See Sec. 10-2.3.108. Animals.
(E)	See Part III, Article 6. Child Day Care Facilities.
(F)	See Part III, Article 7. Recycling Facilities.
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 15. Qualified Senate Bill 9 Properties.

(§9, Ord. 2129, eff. 7/3/14; §§7(1), (18)—(20), Ord. 2183, eff. 9/8/18; §7, Ord. 2188, eff. 3/8/19; §11, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §8, Ord. 2234, eff. 11/17/23; §3(7), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.507 Permit Required.

Except as provided in Section 10-2.2.502, Interim Uses, or Section 10-2.3.1702, Ministerial Review Required, property zoned pursuant to the provisions of this article shall neither be developed nor shall any grading permit be issued pursuant to Title 9 of this code until a P-D permit has been approved pursuant to Part IV, Article 10, Planned Development (P-D) Permits. (§3(7), Ord. 2243, eff. 9/7/24)

10-2.2.508 Property Development Regulations.

The following schedule prescribes development regulations for the Hillside Planned Development District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
B. Minimum Lot Width		D(1)
C. Minimum Lot Frontage		D(1)
D. Minimum Lot Depth		D(1)
E. Minimum Setbacks
1. Front		D(1)
2. Side		D(1)
3. Corner Side		D(1)
4. Rear		D(1)
F. Maximum Height	25 feet
G. Density	1 dwelling unit per 10 acres	D(2)
H. Maximum Lot Coverage		D(1)
I. Design Review	See Sec. 10-2.4.1202.
J. Landscaping	See Part III, Article 11.	D(3)
K. Storage Space for Residential Units		D(4)
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Recycling Facilities	See Part III, Article 7.
P. Parking and Loading	See Part III, Article 2.
Q. Signs	See Title 10, Chapter 8.
R. Preservation of Trees	See Title 3. Chapter 8 and Sec. 10-2.2.504.
S. Hillside Performance Standards	See Part III, Article 4.
T. Stormwater Control	See Title 9, Chapter 16.
U. Private Residential Outdoor Space	See Sec. 10-2.3.126.
V. Courts	See Sec. 10-2.3.127.
W. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum lot area, lot width, lot frontage, lot depth and setbacks shall be determined in the approval of the Planned Development Permit.
D(2)	See Sec. 10-2.2.506. Land Use Regulations, Sec. 10-2.2.504. Open Space/Agriculture Land Density, and Sec. 10-2.2.505. High Risk Area Density.
D(3)	A minimum of twenty percent (20%) of the lot net area shall be landscaped. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(4)	Each residential unit shall have at least 200 cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§2, Ord. 2037, eff. 12/17/04; §9, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.601 Purpose and Intent.

The purpose of the Pedestrian Retail zone is to provide a concentration of retail activity, that is destination oriented, within the City's designated Core Area. The intent is to serve the pedestrian shopper by offering a wide variety of shops in the Main/Locust Street area to complement the stores at Broadway Plaza.

The pedestrian retail zone is designed for the more intensely developed downtown retail area where public parking lots are available in central locations and on-site parking is limited. Parking for future development will be provided primarily in public parking lots funded by in-lieu parking fees.

While shops in this district may be on multiple levels, the first floor will be primarily retail, with retail, office, residential and other non-retail uses permitted on upper levels. Uses are advocated which foster retail development, enhance the district as a pedestrian oriented shopping area, and encourage a pedestrian linkage between Main and Locust Streets and Broadway Plaza.

10-2.2.602 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	L(1)
5. Multiple Family Residential	L(29)
6. Residential Care Home	P
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(31), L(32)
10. Transitional Housing	L(31)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(3)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(4)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(5)
5. Catering Services	L(6)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(7)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(8)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(9)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(8)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(9)
(5) With Live Entertainment	P	(C) (I)
(6) With Dancing	P	(C) (I)
(7) With Take-out Service	L(11)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(12)
(9) With Off-site Distribution	U	(D)
(a) Micro-brewery	U	(D)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(13)
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	L(13)
(1) With Off-site Distribution	U	(D)
11. Funeral and Interment Services
12. Health Clubs	U
13. Home Improvement Sales and Service	L(14)
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip	L(3)
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(7)
(1) Offices, Medical	L(15)
20. Parking, Commercial Facility	L(16)	(E)
21. Pawn Shop	P
22. Personal Improvement Services	L(17)
23. Personal Services	L(18)
24. Recreation and Entertainment, Commercial
a. Within a Building	L(19)
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(20)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations	L(21)	(F)
(1) Automobile Washing	L(21)	(F)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U
b. Hotels	U
c. Motels	U
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	L(1)
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museum	P
6. Emergency Medical Care/No Inpatient
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(M)
12. Low Barrier Navigation Center	L(33)	(M)
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	P
14. Public Parking Facilities	P
15. Public Safety Facilities	P
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(22)	(G)
(2) Small Collection Facility	L(22)	(G)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility
20. Schools, Public or Private
21. Skilled Nursing Facilities
22. Utilities, Major	L(23)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(24)
3. Accessory Uses	L(25)
a. Garage Sales
b. Home Occupations	L(26)
c. Personal Cannabis Cultivation	L(30)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(27)
2. Christmas Tree Sales	L(27)
3. Civic/Community Events	L(27)
4. Farmers Markets	L(27)
5. Live Entertainment Events	L(27)
6. Outdoor Seating/Eating and Drinking Estab.	L(12)
7. Pumpkin Sales	L(27)
8. Retail Sales, Outdoor	L(27)
9. Swap Meets, Non-Recurring	L(27)
10. Swap Meets, Recurring	L(27)
11. Street Fairs	L(27)
12. Vendor Carts	L(28)

USE REGULATIONS
L(1)	Permitted upon approval of a Conditional Use Permit and compliance with L(7).
L(2)	Repealed by Ord. 2248.
L(3)	Permitted provided that the primary use of the facility is retail sales. Where retail sales are not the primary use of the facility the uses are permitted subject to L(7).
L(4)	Permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that the location of the proposed bank does not impede or discourage the flow of pedestrian traffic.
L(5)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has appropriate lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow.
L(6)	Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment, otherwise not permitted.
L(7)	Not permitted on the ground floor level with frontage on a public right-of-way. Permitted on floors aboveground level or on the ground level without frontage on a public right-of-way.
L(8)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(9)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(10)	Not permitted if located within 600 feet of a school. Otherwise permitted upon approval of a Conditional Use Permit. The criteria found in Sec. 10-2.4.605 shall not apply to such Conditional Use Permit, nor shall any such Conditional Use Permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the Conditional Use Permit unless it finds that: (1) noise from the interior of the facility will be audible from a hospital or residentially zoned property, or (2) noise from the parking lot, other than normal conversation levels, will be audible to a hospital or residentially zoned property.

USE REGULATIONS
L(11)	Permitted upon approval of Conditional Use Permit. In approving the use permit, the following conditions of approval shall be imposed: a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan and is in keeping with the architectural nature of the Pedestrian Retail Zoning District. The Design Review Commission shall recommend denial if the appearance is a standard, corporate theme, designed to attract the attention of vehicular traffic, without regard to surrounding land uses. b) Eating and Drinking Establishments with Take-out Service are not permitted unless the Planning Commission can make the finding that "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial: i) The facility has direct driveway access from a major arterial. ii) The facilities for on-premises consumption of the food are insufficient for the volume of customers purchasing such items. iii) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street parking lot. iv) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location. v) Client statistics or demographics from other localities (similarly placed in a pedestrian retail area) document that the typical client is a destination oriented customer (making a one-stop trip by automobile) rather than a pedestrian shopper or worker. c) Due to the volume of disposable packaging required for take out, the Eating and Drinking Establishment with Take-out Service shall have identifiable containers and napkins for all carry-out food. All litter resulting, including litter on adjacent property and public rights-of-way, shall be promptly removed.
L(12)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(13)	Facilities having a gross floor area of 10,000 square feet or less are permitted. Facilities that exceed 10,000 square feet in gross floor area are permitted on approval of a Conditional Use Permit. In approving the use permit, the following conditions of approval shall be imposed: a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan, is in conformance with the approved Design Review Guidelines for the Pedestrian Retail Zoning District and is keeping with the architectural nature of the Pedestrian Retail Zoning District (i.e., compact development, ample window and door openings to activate street frontages, limited driveway interruptions, and minimal parking areas along the street frontages). b) Retail uses over 10,000 square feet in size are not permitted unless the Planning Commission can make the finding that: "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial: i) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street, surface parking lot. ii) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location. iii) The Design Review Commission has recommended denial of the proposal because the design does not comply with the Goals and Policies contained within Chapter 4 (Built Environment) of the General Plan, is not in conformance with the approved Design Review Guidelines for the Pedestrian Retail Zoning District and is not in keeping with the architectural nature of the Pedestrian Retail Zoning District.
L(14)	Any Home Improvement Sales and Service Facility existing as of 2/16/96 (effective date of ordinance) can be expanded and or remodeled subject to the issuance of a Conditional Use Permit. All other uses within this classification are not permitted.
L(15)	Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are not permitted.
L(16)	A Temporary Commercial Parking Lot is permitted subject to the approval of a Minor Use Permit. A Permanent Commercial Parking Lot is permitted subject to the issuance of a Conditional Use Permit.
L(17)	Business and Trade Schools are not permitted. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.
L(18)	Permitted with the exclusion of self-service laundries which are not permitted.
L(19)	Bowling alleys, dance halls, ice/roller skating rinks, scale model course and bingo parlors are not permitted. Billiard parlors and game centers including pinball arcade, coin operated electronics or mechanical game machines are permitted on approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(20)	Facilities that have a gross floor area of 10,000 square feet or less are permitted. Facilities that have a gross floor area of more than 10,000 square feet but do not have an on-site surface parking lot with more than 33 parking spaces are permitted. Uses over 10,000 square feet in size and which have an on-site surface parking lot of more than 33 spaces are permitted subject to approval of a Conditional Use Permit. In approving the use permit the following conditions of approval shall be imposed: a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan and is in keeping with the architectural nature of the Pedestrian Retail Zoning District (i.e., compact development, ample window and door openings to activate the street frontages, limited driveway interruptions, and minimal parking areas along the street frontages). b) Retail uses over 10,000 square feet in size are not permitted unless the Planning Commission can make the finding that: "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial: i) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street, surface parking lot. ii) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location. iii) The Design Review Commission has recommended denial of the proposal because the design does not comply with the Goals and Policies contained within Chapter 4 (Built Environment) of the General Plan and is not in keeping with the architectural nature of the Pedestrian Retail Zoning District.
L(21)	Permitted if located entirely within a parking garage.
L(22)	Permitted in a Convenience Zone (as defined in Part I, Article 3. Definitions) subject to the approval of the Community Development Director.
L(23)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(24)	Accessory structures are permitted subject to Sec. 10-2.2.603. Property Development Regulations.
L(25)	See the use regulation for the primary use classification.
L(26)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(27)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(28)	Permitted if they are operating under the same business license and selling the same products as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment. Independently operated vendor carts are permitted subject to a use permit. The following restriction shall apply to independently operated vendor carts: (1) They shall not be visible from the street right-of-way or any other public land, (2) the location, number of vendor carts and nighttime cart storage provisions shall be subject to review by the Planning Commission. All vendor carts are subject to design review. Design review approval may be granted pursuant to Part IV, Article 12, Design Review, and if the following findings can be made: (a) The cart is located on private property, (b) adequate pedestrian passage and emergency access around the cart shall be maintained at all times, and (c) other than plants or flowers, merchandise shall not be displayed on the ground around the cart nor outside the confines of the approved cart structure. Other restrictions may be placed on merchandise display as necessary to ensure the carts have an attractive appearance.
L(29)	Conditionally permitted, subject to L(7), in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(30)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(31)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(32)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(33)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(E)	See Part III, Article 2. Off-street Parking and Loading Regulations.
(F)	See Part III, Article 8. Concurrent Sales.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 3, Sec. 10-2.3.302. Continuation of Nonconforming Uses.
(J)	See Part III, Article 12. Alcoholic Beverage Sales.
(K)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5, Accessory Dwelling Units.
(M)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(Ord. 1877, eff. 1/6/96; § 1, Ord. 2033, eff. 7/15/04; §6, Ord. 2070, eff. 6/20/2008; §§11, 12, 13, Ord. 2109, eff. 6/15/12; §10, Ord. 2129, eff. 7/3/14; §3, Ord. 2145, eff. 3/4/16; §§7(1), (21)—(23), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §5(1), Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3, Ord. 2241, eff. 7/19/24; §3(8), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.603 Property Development Regulations.

The following schedule prescribes development regulations for the Pedestrian Retail District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2) D(3)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(4)
G. Density
1. Residential		D(5)
2. Mixed Use		D(5) D(6)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(6)
J. Access		D(7)
K. Design Review	See Sec. 10-2.4.1202.	D(9)
L. Landscaping	See Part III, Article 11.
M. Storage Space for Residential Units	200 Cubic Feet	D(8)
N. Fences and Walls	See Sec. 10-2.3.104.
O. Antennas	See Sec. 10-2.3.120.
P. Non-Conforming Conditions	See Part III, Article 3.
Q. Elevators	See Sec. 10-2.3.124.
R. Recycling Facilities	See Part III, Article 7.
S. Parking and Loading	See Part III, Article 2.	D(5)
T. Signs	See Title 10, Chapter 8.
U. Preservation of Trees	See Title 3. Chapter 8.
V. Hillside Performance Standards	See Part III, Article 4.
W. Stormwater Control	See Title 9, Chapter 16.
X. Private Residential Outdoor Space	See Sec. 10-2.3.126.
Y. Courts	See Sec. 10-2.3.127.
Z. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(5)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For residential development refer to the General Plan, Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For commercial development refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(7)	All buildings that abut Wilson and Commercial Lanes shall have primary access on Main Street, Locust Street or Broadway.
D(8)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.
D(9)	Design review, pursuant to Part IV, Article 12, Design Review, shall be required for all buildings over ten thousand (10,000) square feet in size if: a. Any exterior changes are proposed, or b. If interior tenant improvements exceed a valuation of twenty-five percent (25%) of the overall assessed value of the structure as shown on the latest Contra Costa County Assessor's equalized assessment roll.

(§2, Ord. 2037, eff. 12/17/04; §7, Ord. 2070, eff. 6/20/2008; §10, Ord. 2108, eff. 4/7/12; §3, Ord. 2145, eff. 3/4/16; §6, Ord. 2200, eff. 12/6/19; §4, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.701 Purpose and Intent.

The purpose of the Central Retail zone is to allow a mix of commercial development, in the core area, on a scale that is less intensive than development in the central pedestrian retail area. The intent is to encourage a wide variety of retail establishments along with some limited office development.

The Central Retail zone generally surrounds the downtown pedestrian retail zone. It serves approximately the same function as the pedestrian retail area except that in most cases, each business will have its own parking lot, allowing for more destination oriented uses.

10-2.2.702 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(I)
1. Adult Day Care Home	P
2. Congregate Living Facility	U
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	U
5. Multiple Family Residential	L(22)
6. Residential Care Home	P
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(24), L(25)
10. Transitional Housing	L(24)
B. Commercial Use Classifications		(B)
1. Ambulance Services	P
2. Animal Sales and Service
a. Animal Hospital	L(2)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(3)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	P
(1) With Drive-up Service		P
(2) With Automated Teller Machine	P
5. Catering Services	L(4)	(C)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(5)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending after 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending after 11:00 p.m.	L(7)
(5) With Live Entertainment	P	(D) (J)
(6) With Dancing	P	(D) (J)
(7) With Take-out Service	P
(a) Drive-up	U
(8) With Permanent Outdoor Seating	L(9)
(9) With Off-site Distribution	U	(C)
(a) Micro-brewery	U	(C)
10. Food and Beverage Sales
a. Food and Beverage Sales	P
b. Convenience Market	P
(1) With Gasoline Sales	U	(E)(F)
c. Specialty Food Shops	P
(1) With Off-site Distribution	U	(C)
11. Funeral and Interment Services	L(10)
12. Health Clubs	U
13. Home Improvement Sales and Service	L(11)
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip	L(3)
17. Mini-Storage
18. Nursery	P
19. Offices, Business and Professional
a. Offices, Business and Professional	L(5)
(1) Offices, Medical	L(5)
20. Parking, Commercial Facility	L(12)	(G)
21. Pawn Shop	P
22. Personal Improvement Services	L(13)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	P
b. Outside a Building
25. Research and Development Services	U
26. Retail Sales/Rental	L(11)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	U
b. Automobile Sales/New and Used	U
c. Automobile Washing	U
d. Automobile Wrecking
e. Service Stations	U	(E)(F)
(1) Automobile Washing	U	(E)(F)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service	U
g. Vehicle/Equipment Sales and Rentals	U
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	P
b. Hotels	P
c. Motels	P
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges	U
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient	U
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	L(14)	(M)
12. Low Barrier Navigation Center	L(26)	(M)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(15)
(2) Small Collection Facility	L(15)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly	U
20. Residential Care Facility	U
21. Schools, Public or Private	U
22. Skilled Nursing Facilities	U
23. Utilities, Major	L(16)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(17)
3. Accessory Uses	L(18)
a. Garage Sales
b. Home Occupations	L(19)
c. Personal Cannabis Cultivation	L(23)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(20)
2. Christmas Tree Sales	L(20)
3. Civic/Community Events	L(20)
4. Farmers Markets	L(20)
5. Live Entertainment Events	L(20)
6. Outdoor Seating/Eating and Drinking Estab	L(9)
7. Pumpkin Sales	L(20)
8. Retail Sales, Outdoor	L(20)
9. Swap Meets, Non-Recurring	L(20)
10. Swap Meets, Recurring	L(20)
11. Street Fairs	L(20)
12. Vendor Carts	L(21)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Animal Hospitals/Vet Services are permitted subject to the issuance of a Conditional Use Permit and shall not include the boarding of animals except for convalescence or medical examination.
L(3)	Permitted provided that the primary use of the facility is retail sales. Where retail sales are not the primary use of the facility, the uses are permitted on approval of a Conditional Use Permit.
L(4)	Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment If the use is not an accessory use, then the use is permitted on approval of a Conditional Use Permit.
L(5)	Permitted on floors above the ground level or on the ground level on approval of a Conditional Use Permit. In approving the use permit, the Planning Commission shall find that: a) The proposed location is not suitable for retail use by virtue of its location, configuration or relationship to streets, driveways or access ways; b) The proposed ground floor office use is compatible with the existing character and uses of the area.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(8)	Not permitted if located within 600 feet of a school. A Conditional Use Permit shall be required if is to be located within 600' of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such conditional use permit, nor shall any such use permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the conditional use permit unless it finds that: (1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or (2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(9)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right of way for the placement of tables and chairs.
L(10)	Mortuaries are permitted upon approval of a Conditional Use Permit. All other uses within this category are not permitted.
L(11)	Permitted provided that all activity is conducted entirely within an enclosed building. Uses that include outdoor sales are permitted upon approval of a Conditional Use Permit subject to a finding that the outdoor sales does not negatively impact any abutting uses.
L(12)	A Temporary Commercial Parking Lot is permitted subject to the approval of a Minor Use Permit. A Permanent Commercial Parking Lot is permitted subject to the issuance of a Conditional Use Permit.
L(13)	Business and Trade Schools are permitted subject to the issuance of a Conditional Use Permit. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.
L(14)	A Conditional Use Permit shall be required if it is to be located on a parcel within 500 feet of the boundary of any residential zoning district, otherwise it is a permitted use.
L(15)	Permitted subject to the approval of the Community Development Director.
L(16)	Electrical substations, aboveground electrical transmission lines and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(17)	Accessory structures are permitted subject to Sec. 10-2.2.703. Property Development Regulations.
L(18)	See the use regulation for the primary use classification.
L(19)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(20)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(21)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment and are not within the public right of way.
L(22)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(23)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(24)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(25)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(26)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3. 121. Regulations for Outdoor Sales, Service and Display.
(C)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(D)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(E)	See Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(F)	See Part III, Article 8. Concurrent Sales.
(G)	See Part III, Article 2. Off-street Parking and Loading Regulations.
(H)	See Part III, Article 7. Recycling Facilities.
(I)	See Part III, Article 9. Inclusionary Housing.
(J)	See Part III, Article 12. Alcoholic Beverage Sales.
(K)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5. Accessory Dwelling Units.
(M)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

(§7, Ord. 1927, eff. 7/16/98; §§14, 15, 16, Ord. 2109, eff. 6/15/12; §11, Ord. 2129, eff. 7/3/14; §4, Ord. 2145, eff. 3/4/16; §§7(1), (24)—(26), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §5(1), Ord. 2216, eff. 7/2/22; §3, Ord. 2241, eff. 7/19/24; §3(9), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.703 Property Development Regulations.

The following schedule prescribes development regulations for the Central Retail District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.	D(1)
B. Minimum Lot Width	80'	D(2)
C. Minimum Lot Frontage	80'	D(2)
D. Minimum Lot Depth	100'	D(3)
E. Minimum Setbacks		D(4) D(5) D(11)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(6)
G. Density
1. Residential		D(7)
2. Commercial		D(8)
3. Mixed Use		D(7) D(8)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(8)
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.
L. Storage Space for Residential Units	200 Cubic Feet	D(10)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot containing less than ten thousand square feet may be developed pursuant to all other provisions of this chapter.
D(2)	Any existing lot having a width or frontage of less than eighty feet may be developed pursuant to all other provisions of this chapter.
D(3)	Any existing lot having a depth of less than one hundred feet may be developed pursuant to all other provisions of this chapter.
D(4)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(7)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For residential development refer to the General Plan, Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(8)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For commercial development refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(9)	Ten percent (10%) of the net lot area shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, they shall be landscaped as follows: i. A minimum of ten percent (10%) of the yard shall be landscaped. ii. For projects with a residential component, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(10)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.
D(11)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).

(§2, Ord. 2037, eff. 12/17/04; §8, Ord. 2070, eff. 6/20/2008; §11, Ord. 2108, eff. 4/7/12; §4, Ord. 2145, eff. 3/4/16; §7, Ord. 2200, eff. 12/6/19; §5, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.801 Purpose and Intent.

The purpose of the Office Zone is to provide areas for the integrated development of business and professional office uses along with related business and institutional uses. The intent is to provide areas for business and professional offices that are convenient to residential areas, the central business district and BART.

In the Core Area, ground floor retail uses, in multistory office buildings, will be permitted. This is intended to improve pedestrian and vehicular circulation between the Downtown Retail District and surrounding development in the Core Area. (§8, Ord. 2194, eff. 6/7/19)

10-2.2.802 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(I)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(24)
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	L(25)
5. Multiple Family Residential	L(21)
6. Residential Care Home	L(25)
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(29), L(30)
10. Transitional Housing	L(29)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital	L(2)
b. Animal: Retail Sales and Grooming	L(3)
c. Horse Stables
d. Kennel
3. Artist Studio	L(4)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	U
(1) With Drive-up Service	L(24)
(2) With Automated Teller Machine	U
5. Catering Services	L(5)	(C)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(27)
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment	P	(D) (J)
(6) With Dancing	P	(D) (J)
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(9)
(9) With Off-site Distribution	U	(C)
(a) Micro-brewery	U	(C)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(3)
b. Convenience Market	L(3)
(1) With Gasoline Sales
c. Specialty Food Shops	L(3)
(1) With Off-site Distribution	L(5)	(C)
11. Funeral and Interment Services
12. Health Clubs	L(10)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip.	L(4)
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(23)
(1) Offices, Medical	L(23)
20. Parking, Commercial Facility	L(11)	(E)
21. Pawn Shop	L(3)
22. Personal Improvement Services	U
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services	L(27)
26. Retail Sales/Rental	L(12)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations	L(28)	(F)(G)
(1) Automobile Washing	L(28)	(F)(G)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	L(13)
b. Hotels	L(13)
c. Motels	L(28)
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	L(26)
2. Child Day Care Facility (Day Care Center)	L(26)	(A)
3. Clubs and Lodges	L(26)
4. College, Public or Private	L(26)
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient	L(27)
7. Government Offices	L(27)
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(M)
12. Low Barrier Navigation Center	L(31)	(M)
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	L(26)
14. Public Parking Facilities	P
15. Public Safety Facilities	P
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(14)	(H)
(2) Small Collection Facility	L(13)	(H)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility	L(26)
20. Schools, Public or Private	L(26)
21. Skilled Nursing Facilities	L(26)
22. Utilities, Major	L(15)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(16)
3. Accessory Uses	L(17)
a. Garage Sales
b. Home Occupations	L(18)
c. Personal Cannabis Cultivation	L(22)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(19)
2. Christmas Tree Sales	L(19)
3. Civic/Community Events	L(19)
4. Farmers Markets	L(19)
5. Live Entertainment Events	L(19)
6. Outdoor Seating/Eating and Drinking Establishment	L(9)
7. Pumpkin Sales	L(19)
8. Retail Sales, Outdoor	L(19)
9. Swap Meets, Non-Recurring	L(19)
10. Swap Meets, Recurring	L(19)
11. Street Fairs	L(19)
12. Vendor Carts	L(20)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Animal hospitals/veterinarian services are permitted; provided, that there is no boarding of animals except for convalescence or medical examination.
L(3)	Permitted in the Core Area on the ground floor of a multistory building. If the use is to be located in a single-story Core Area building, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit the Planning Commission shall find that the proposed ground floor use is compatible with the existing character and uses of the area. Outside of the Core Area, the uses are not permitted.
L(4)	Permitted; provided, that the primary use of the facility is not retail sales. Where retail sales is the primary use of the facility, the uses are permitted subject to L(3).
L(5)	Permitted subject to L(3) and only as an accessory use associated with food and beverage sales or an eating and drinking establishment, otherwise the use is not permitted.
L(6)	Permitted, in the Core Area, on the ground floor of a multistory building upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single-story Core Area building, the use is permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit compliance checklist conditions of approval pursuant to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.
L(7)	Not permitted if located within six hundred (600) feet of a school (as defined in Section 10-2.1.403(E)) if providing full alcoholic beverage service. Otherwise permitted in the Core Area, on the ground floor of a multistory building upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single-story Core Area building, the use is permitted upon approval of a conditional use permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.
L(8)	Not permitted if located within six hundred (600) feet of a school. A Conditional Use Permit shall be required if is to be located within six hundred (600) feet of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such Conditional Use Permit, nor shall any such Use Permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the Conditional Use Permit unless it finds that: 1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or 2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(9)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to design review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(10)	Permitted in the Core Area. Outside of the Core Area the use is permitted upon approval of a Conditional Use Permit.
L(11)	A temporary commercial parking lot is permitted subject to the approval of a Minor Use Permit. A permanent commercial parking lot is permitted subject to the issuance of a Conditional Use Permit.
L(12)	Prescription pharmacies that are an integral part of and ancillary to a complex of medical offices are permitted. All other uses are permitted subject to L(3).
L(13)	In the Core Area, the use is permitted upon the approval of a Conditional Use Permit. Outside the Core Area, the use is not permitted.
L(14)	Permitted subject to the approval of the Community Development Director.
L(15)	Electrical substations, aboveground electrical transmission lines and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(16)	Accessory structures are permitted subject to Section 10-2.2.803, Property Development Regulations.
L(17)	See the use regulation for the primary use classification.
L(18)	Home occupations are permitted subject to the approval of a Home Occupation Permit (see Section 10-2.3.107, Home Occupations).
L(19)	Permitted subject to the approval of a Temporary Activity Permit (see Section 10-2.3.118, Temporary Activity Permits).
L(20)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment and are not within the public right-of-way.
L(21)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least ninety percent (90%) of the dwelling units are restricted units for low- or very low-income households, and in areas where multiple-family residential uses are allowed pursuant to a specific plan; multiple-family residential uses are allowed by right for the parcel at 2079 Mt. Diablo Blvd. (APN:184-042-014) up to fifty-six (56) dwelling units per acre when at least twenty percent (20%) of units are affordable to low- and very low-income households (as defined under Health and Safety Code Section 50093 as may be amended); otherwise not permitted.
L(22)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(23)	Businesses whose primary activities involve walk-in customer visits (including but not limited to document preparation centers; real estate agencies; and public offices for title companies, mortgage brokers, stock brokers, and financial advisors) are permitted on the ground floor of a multistory building when located west of North/South California Boulevard; otherwise permitted subject to L(27) below.
L(24)	Not permitted within the plan area boundaries of the West Downtown Specific Plan; otherwise conditionally permitted.
L(25)	Not permitted within the plan area boundaries of the West Downtown Specific Plan; otherwise permitted.
L(26)	Not permitted on the ground floor within fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the portion of the ground floor within fifty (50) feet of the street line, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(27)	Not permitted on the ground floor within fifty (50) feet from the street line of a Core Area retail street; otherwise permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the portion of the ground floor within fifty (50) feet of the street line, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(28)	In the portion of the Core Area located outside of the plan area boundaries of the West Downtown Specific Plan, the use is conditionally permitted; otherwise, the use is not permitted.
L(29)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(30)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(31)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6, Child Day Care Facilities.
(B)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service and Display.
(C)	See Section 10-2.3.123, Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(D)	See Municipal Code, Title 4, Chapter 11, Public Dance Permits.
(E)	See Part III, Article 2, Off-street Parking and Loading Regulations.
(F)	See Section 10-2.3.122, Service Stations; Convenience Markets with Gasoline Sales.
(G)	See Part III, Article 8, Concurrent Sales.
(H)	See Part III, Article 7, Recycling Facilities.
(I)	See Part III, Article 9, Inclusionary Housing.
(J)	See Part III, Article 12, Alcoholic Beverage Sales.
(K)	See Part III, Article 14, Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5, Accessory Dwelling Units.
(M)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§8, Ord. 1927, eff. 7/16/98; §§17, 18, 19, Ord. 2109, eff. 6/15/12; §12, Ord. 2129, eff. 7/3/14; §5, Ord. 2145, eff. 3/4/16; §§7(1), (27)—(29), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §8, Ord. 2194, eff. 6/7/19; §5(1), Ord. 2216, eff. 7/2/22; §3, Ord. 2235, eff. 2/16/24; §3, Ord. 2241, eff. 7/19/24; §3(10), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.803 Property Development Regulations.

The following schedule prescribes development regulations for the Office Commercial District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this district. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area
1. Core Area	10,000 sq. ft.	D(1)
2. Outside Core Area	NA
B. Minimum Lot Width
1. Core Area	80 ft.	D(2)
2. Outside Core Area	NA
C. Minimum Lot Frontage
1. Core Area	80 ft.	D(2)
2. Outside Core Area	NA
D. Minimum Lot Depth
1. Core Area	100 ft.	D(3)
2. Outside Core Area	NA
E. Minimum Setbacks		D(4) D(5) D(6)
1. Front	Average of 15 ft.	D(7)
2. Side	Average of 10 ft.	D(7)
3. Corner Side	Average of 10 ft.	D(7)
4. Rear		D(8)
F. Maximum Height
1. Core Area		D(9)
2. Outside Core Area		D(10)
G. Density
1. Residential		D(11)
2. Commercial
a. Core Area		D(12)
b. Outside Core Area	.5 FAR
3. Mixed Use
a. Core Area		D(11) D(12)
b. Outside Core Area	.5 FAR	D(11)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio
1. Core Area		D(12)
2. Outside Core Area	.5
J. Minimum Floor Area Ratio		D(15)
K. Minimum Ground Floor Height		D(16)
L. Minimum Ground Floor Depth		D(17)
M. Design Review	See Section 10-2.4.1202.
N. Landscaping	See Part III, Article 11.	D(13)
O. Storage Space for Residential Units	200 cubic feet	D(14)
P. Fences and Walls	See Section 10-2.3.104.
Q. Antennas	See Section 10-2.3.120.
R. Nonconforming Conditions	See Part III, Article 3.
S. Elevators	See Section 10-2.3.124.
T. Recycling Facilities	See Part III, Article 7.
U. Parking and Loading	See Part III, Article. 2.	D(18)
V. Signs	See Title 10, Chapter 8.
W. Preservation of Trees	See Title 3, Chapter 8.
X. Hillside Performance Standards	See Part III, Article 4.
Y. Stormwater Control	See Title 9, Chapter 16
Z. Private Residential Outdoor Space	See Sec. 10-2.3.126.
AA. Courts	See Sec. 10-2.3.127.
BB. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot containing less than ten thousand (10,000) square feet may be developed pursuant to all provisions of this chapter.
D(2)	Any existing lot having a width or frontage of less than eighty (80) feet may be developed pursuant to all other provisions of this chapter.
D(3)	Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.
D(4)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(5)	Refer to the Zoning Map for future street line setbacks.
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).
D(7)	Such yards may be waived or reduced in depth pursuant to the approval of the site plan if existing conditions in the neighborhood of such proposed construction make the required yard inconsistent with existing development. Except as specified by the General Plan, no front or corner side setbacks shall be required for the fourth and lower stories of buildings located on Core Area retail streets within the plan area boundaries of the West Downtown Specific Plan.
D(8)	The average rear yard shall be not less than that required in the land use district which abuts the rear line of the lot upon which construction is proposed. If the abutting district has no rear yard requirement or has a rear yard requirement similar to the provisions as required herein, there shall be no required rear yard.
D(9)	Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: Refer to the Zoning Map.
D(10)	The maximum height, outside of the Core Area, shall be twenty-five (25) feet unless otherwise specified on the Zoning Map.
D(11)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For residential development refer to the General Plan, Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(12)	Within the plan area boundaries of the West Downtown Specific Plan: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: For commercial development refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(13)	A minimum of twenty percent (20%) of the project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. A minimum of twenty percent (20%) of the yard shall be landscaped. ii. For projects with a residential component, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(14)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(15)	Within the plan area boundaries of the West Downtown Specific Plan: 0.75. Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.
D(16)	Within the plan area boundaries of the West Downtown Specific Plan: the ground floor height for all portions of a building located within fifty (50) feet of a street line, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet. Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.
D(17)	Within the plan area boundaries of the West Downtown Specific Plan: the minimum depth of all ground floor tenant spaces abutting the street shall be the lesser of the following: a) Fifty (50) feet; or b) Ten (10) feet less than the lot depth. This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line. Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.
D(18)	Within the plan area boundaries of the West Downtown Specific Plan, no surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.

(§2, Ord. 2037, eff. 12/17/04; §9, Ord. 2070, eff. 6/20/2008; §12, Ord. 2108, eff. 4/7/12; §5, Ord. 2145, eff. 3/4/16; §8, Ord. 2194, eff. 6/7/19; §8, Ord. 2200, eff. 12/6/19; §6, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.901 Purpose and Intent.

The purpose of the Mixed Use Planned Development zone is to provide areas for the integrated development of high intensity office and residential uses, with ground floor retail shops. The intent is to promote apartments and condominiums to create a living/working environment in close proximity to BART. The Mixed Use Planned Development Zoning District encompasses the Golden Triangle which is the City's most urban area. The focus of this area will be to mix office and residential development and allow retail uses that complement the living/working environment. Any new development within the Mixed Use district will require a Planned Development Permit. Existing development, which does not have an approved Planned Development Permit, will be regulated in terms of use (in the Interim Uses Sec. 10-2.2.903.) to allow a reasonable functioning of the property without destroying the integrity of the future use of the property for mixed use development.

10-2.2.902 Land Use Regulations.

No use shall be permitted in the Mixed Use Planned Development district except in accord with a valid planned development permit (P-D permit), Section 10-2.2.903, Interim Uses, or Section 10-2.3.1702, Ministerial Review Required. Any permitted or conditionally permitted use authorized by this title may be included in an approved P-D permit, if consistent with the Mixed Use – Golden Triangle General Plan land use designation (which encourages a combination of high intensity office and residential uses with ground-floor retail shops).

The number of residential units to be required for new project development shall be based on the following formula: one (1) dwelling unit per seven thousand one hundred forty-three (7,143) square feet of commercial development. New project development which does not intend to develop the required residential component concurrently with any commercial component shall not be approved. (§10, Ord. 2070, eff. 6/20/2008; §3(11), Ord. 2243, eff. 9/7/24)

10-2.2.903 Interim Uses. Revised 4/25

In existing buildings which do not have an approved P-D Permit, interim uses will be allowed as outlined in the following Use Regulation Table. Existing buildings may be structurally altered, only if there is no increase in number of dwelling units or floor area.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(F)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P
b. Large Family Day Care Home	P	(A)
4. Group Residential
5. Multiple Family Residential	P
6. Residential Care Home
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(17), L(18)
10. Transitional Housing	L(17)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(2)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(3)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(4)
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(5)
8. Custom Manufacturing	L(2)
9. Eating and/or Drinking Establishments		(G)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	P
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip	L(2)
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(5)
(1) Offices, Medical	L(8)
20. Parking, Commercial Facility
21. Pawn Shop	P
22. Personal Improvement Services	L(9)
23. Personal Services	L(10)
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	P
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Low Barrier Navigation Center	L(19)	(J)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities
15. Public Parking Facilities
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(11)	(D)
(2) Small Collection Facility	L(11)	(D)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(12)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(13)
3. Accessory Uses	L(14)
a. Garage Sales
b. Home Occupations	L(14)	(E)
c. Personal Cannabis Cultivation	L(16)	(H)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor
2. Christmas Tree Sales
3. Civic/Community Events	L(15)
4. Farmers Markets
5. Live Entertainment Events
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales
8. Retail Sales, Outdoor	L(15)
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Permitted provided that the primary use of the facility is retail sales, otherwise not permitted.
L(3)	Permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that there is adequate on-site parking in accordance with Part III, Article 2. Parking and Loading.
L(4)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has appropriate lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow.
L(5)	On the ground level the use is permitted upon approval of a Conditional Use Permit, subject to the findings in L(3). On floors above the ground level, the use is permitted.
L(6)	Permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Permitted upon approval of a Conditional Use Permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance.
L(8)	Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are permitted subject to L(3).
L(9)	Business and Trade Schools are not permitted. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted subject to L(3).
L(10)	Permitted with the exclusion of self-service laundries which are not permitted.
L(11)	Permitted subject to the approval of the Community Development Director.
L(12)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(13)	Accessory structures are permitted subject to Sec. 10-2.2.905 Property Development Regulations.
L(14)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(15)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(16)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(17)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(18)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(19)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Part III, Article 7. Recycling Facilities.
(E)	See Sec. 10-2.3.107. Home Occupations.
(F)	See Part III, Article 9. Inclusionary Housing.
(G)	See Part III, Article 12. Alcoholic Beverage Sales.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

(Amended by §2, Ord. 1975, eff. 11/2/00; §§20, 21, 22, Ord. 2109, eff. 6/15/12; §13, Ord. 2129, eff. 7/3/14; §§7(1), (30)—(32), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §12, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §3(11), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.904 Permit Required.

Except as provided in Section 10-2.2.903, Interim Uses, or Section 10-2.3.1702, Ministerial Review Required, any property zoned Mixed Use Planned Development shall not be developed until a P-D permit has been approved pursuant to Part IV, Article 10, Planned Development (P-D) Permits. (§3(11), Ord. 2243, eff. 9/7/24)

10-2.2.905 Property Development Regulations.

The following schedule prescribes development regulations for the Mixed Use Planned Development District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	40,000 sq. ft.	D(1)
B. Minimum Lot Width	150'	D(1)
C. Minimum Lot Frontage	150'	D(1)
D. Minimum Lot Depth	150'	D(1)
E. Minimum Setbacks		D(2) D(3) D(4)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(5)
G. Density
1. Residential		D(6)
2. Commercial		D(7)
3. Mixed Use		D(6) D(7)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.
L. Storage Space for Residential Units	200 cubic feet	D(8)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum requirements may be reduced by the City Council in approval of a Planned Development Permit subject to a finding that the proposed lot size provides adequate and appropriate circulation, setbacks, landscaping and open space.
D(2)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).
D(5)	Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(6)	The maximum residential density shall be determined by the Planning Commission when making a recommendation to the City Council on the Planned Development Permit.
D(7)	For commercial development refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(8)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§4, Ord. 1975, eff. 11/2/00; §2, Ord. 2037, eff. 12/17/04; §11, Ord. 2070, eff. 6/20/2008; §13, Ord. 2108, eff. 4/7/12; §9, Ord. 2200, eff. 12/6/19; §7, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1001 Purpose and Intent.

The purpose of the automobile sales/service and custom manufacturing zone is to retain and promote a well-defined automobile sales and service area, which also allows custom manufacturing uses in the North Downtown Specific Plan area. The intent is to provide a distinct commercial district which reserves land area primarily for auto dealers, auto service, other related auto-oriented retail uses, and custom manufacturing.

The automobile sales/service and custom manufacturing zone is designed for the area just north of Ygnacio Valley Road where many auto dealerships and automobile service businesses currently exist. Automobile dealerships are advocated as the primary use. Auto services and auto-oriented retail uses which promote the vitality and expansion of automobile dealerships are also encouraged. Custom manufacturing uses are allowed within the North Downtown Specific Plan area, and are encouraged along Makers' Row on Pine Street. Other uses may be accessory to the above uses or which can demonstrate no adverse effects on the viability of the area may also be considered. (§10, Ord. 2200, eff. 12/6/19)

10-2.2.1002 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	L(1)
5. Multiple Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(21), L(22)
10. Transitional Housing	L(21)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services	L(3)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(4)
8. Custom Manufacturing	L(5)
9. Eating and/or Drinking Establishments		(I)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment	P	(C) (I)
(6) With Dancing	P	(C) (I)
(7) With Take-out Service	P
(a) Drive-up	U
(8) With Permanent Outdoor Seating	L(8)
(9) With Off-site Distribution	U	(D)
(a) Micro-brewery	U	(D)
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	L(9)
(1) With Off-site Distribution	L(3)	(D)
11. Funeral and Interment Services
12. Health Clubs	L(4)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(10)
(1) Offices, Medical	L(10)
20. Parking, Commercial Facility	P	(E)
21. Pawn Shop
22. Personal Improvement Services	L(4)
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(11)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	L(12)
b. Automobile Sales/New and Used	L(12)
c. Automobile Washing	L(13)
d. Automobile Wrecking
e. Service Stations	L(13)	(F)
(1) Automobile Washing	L(13)	(F)
f. Vehicle/Equipment Repair	L(12)
(1) Limited Vehicle Service	L(12)
g. Vehicle/Equipment Sales and Rentals	L(13)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(4)
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	P	(J)
12. Low Barrier Navigation Center	L(22)	(J)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(14)	(G)
(2) Small Collection Facility	L(14)	(G)
(3) Large Collection Facility	U	(G)
b. Processing Facility	U	(G)
19. Religious Assembly
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(15)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(16)
3. Accessory Uses	L(17)
a. Garage Sales
b. Home Occupations	L(18)
c. Personal Cannabis Cultivation
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(19)
2. Christmas Tree Sales	L(19)
3. Civic/Community Events	L(19)
4. Farmers Markets	L(19)
5. Live Entertainment Events	L(19)
6. Outdoor Seating/Eating and Drinking Estab	L(8)
7. Pumpkin Sales	L(19)
8. Retail Sales, Outdoor	L(19)
9. Swap Meets, Non-Recurring	L(19)
10. Swap Meets, Recurring	L(19)
11. Street Fairs	L(19)
12. Vendor Carts	L(20)

USE REGULATIONS
L(1)	Permitted subject to the issuance of a Conditional Use Permit and compliance with L(4).
L(2)	Repealed by Ord. 2248.
L(3)	Permitted as an accessory use associated with Delicatessens, Bakeries or an Eating and Drinking Establishment, otherwise permitted subject to L(4).
L(4)	Permitted; provided, that the facility will be located on floors above the ground level.
L(5)	Permitted within the plan area boundaries of the North Downtown Specific Plan; otherwise not permitted.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(8)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(9)	Delicatessens and bakeries are permitted. All other uses within this classification are not permitted.
L(10)	Permitted; provided, that the office is an accessory use to a permitted use, otherwise permitted on floors above the ground level. If the facility is to be located on the ground floor, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that: a) The building was designed as an office or retail building and has been utilized as an office building throughout its entire existence. (Evidence shall be presented to the Planning Commission to document that this condition applies. Acceptable evidence shall include DRC and/or PC minutes and resolutions indicating the type of construction or proposed use and leasing records); and b) There is no material expansion, major structural alteration or major reconstruction proposed as part of the use permit request, notwithstanding tenant improvements; and c) The proposed use will have no adverse effects on the long-term viability of the Auto Sales/ Service and Custom Manufacturing Zoning District. Permitted; provided, that the facility will be located on floors above the ground level.
L(11)	Retail sales/rental of automotive parts and accessories are permitted. All other uses within this classification are not permitted.
L(12)	All facilities which have repair, loading, storage and other visually detractive activities which would be visible from the North Main Street corridor shall be reviewed and approved by the Design Review Authority pursuant to Part IV, Article 12, Design Review. Design review approval shall not be granted by the Design Review Authority where such activities cannot be adequately screened so as to preclude visibility from the North Main Street corridor.
L(13)	Permitted subject to L(11) and the approval of a Conditional Use Permit.
L(14)	Permitted subject to the approval of the Community Development Director.
L(15)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(16)	Accessory structures are permitted subject to Sec. 10-2.2.1003. Property Development Regulations.
L(17)	See the use regulation for the primary use classification.
L(18)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(19)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(20)	Vendor carts associated with a Civic/Community event are permitted subject to approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits). All other vendor carts are not permitted.
L(21)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(22)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(23)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Sec. 10-2.3.123. Offsite Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(E)	See Part III, Article 2. Off-Street Parking and Loading.
(F)	See Part III, Article 8. Concurrent Sales of Gasoline and Alcoholic Beverages and Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 12. Alcoholic Beverage Sales.
(J)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

(Ord. 1877, eff. 1/6/96; §2, Ord. 1880, eff 2/15/96; §9, Ord. 1927, eff. 7/16/98; §§23, 24, 25, Ord. 2109, eff. 6/15/12; §14, Ord. 2129, eff. 7/3/14; §6, Ord. 2145, eff. 3/4/16; §§7(1), (48), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §10, Ord. 2200, eff. 12/6/19; §5(1), Ord. 2216, eff. 7/2/22; §2, Ord. 2237, eff. 6/21/24; §4, Ord. 2239, eff. 7/5/24; §3(12), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.1003 Property Development Regulations.

The following schedule prescribes development regulations for the Automobile Sales/Service and Custom Manufacturing District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the "Development Regulation" column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(3)
G. Density
1. Residential		NA
2. Commercial		D(4)
3. Mixed Use		NA
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(4)
J. Design Review	See Sec. 10-2.4.1202.	D(5)
K. Landscaping	See Part III, Article 11.	D(6)
L. Storage Space for Residential Units	NA
M. Fences and Walls	See Sec.10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Nonconforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3, Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights-of-Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(5)	New buildings with an office component shall be designed to assure that future uses shall be related to auto sales, auto retail or auto service. An application for design review that does not include an office component design to assure said future uses shall be denied.
D(6)	No building shall be constructed or moved onto any building site, nor shall any building be enlarged unless a minimum of five percent (5%) of the lot net area is landscaped. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole.

(§2, Ord. 2037, eff. 12/17/04; §12, Ord. 2070, eff. 6/20/2008; §14, Ord. 2108, eff. 4/7/12; §10, Ord. 2200, eff. 12/6/19; §8, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1101 Purpose and Intent.

The service commercial zone encompasses a narrow strip of parcels along North Main Street, north of San Luis Road and south of Geary Road. The primary purpose of the zone is to maintain and promote service commercial facilities, as well as retail establishments, that rely on customers arriving by auto. Land uses appropriate for this zoning district are those related to the sale, lease, service and maintenance of automobiles and related equipment, as well as custom manufacturing, storage warehouses, and home improvement businesses.

The zoning district is bisected by North Main Street. The parcels to the west side of North Main Street, adjacent to the residential district, could support more neighborhood-serving land uses, such as banks, offices and small retail stores. These uses are permitted in this zoning district only when they do not interfere with the established service commercial character of the area. The properties to the east, between North Main Street and the I-680 freeway, would be suitable for the heavier commercial uses which may not be appropriate in close proximity to residential neighborhoods. The intent is to protect the regional-serving service commercial land uses, and balancing the need for more local-serving businesses, while ensuring minimal disruption to the adjacent residential areas.

Because the service commercial zoning district is conveniently located along a major thoroughfare with easy access to the I-680 freeway, it also attracts eating and drinking establishments and businesses that serve the traveling public such as hotels. (§4, Ord. 1908, eff. 10/16/97)

10-2.2.1102 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	P
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	U
5. Multiple Family Residential	L(20)
6. Residential Care Home	P
7. Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(23), L(24)
10. Transitional Housing	L(23)
B. Commercial Use Classifications		(B)
1. Ambulance Services	U
2. Animal Sales and Service
a. Animal Hospital	P
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel	U
3. Artist Studio	P
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(2)
5. Catering Services	P
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation	L(21)
g. Commercial Cannabis Testing Laboratory
7. Communication Facilities	P
8. Custom Manufacturing	P
9. Eating and/or Drinking Establishments		(I)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(3)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(4)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(3)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(4)
(5) With Live Entertainment	P	(C) (I)
(6) With Dancing	P	(C) (I)
(7) With Take-out Service	P
(a) Drive-up	U
(8) With Permanent Outdoor Seating	L(6)
(9) With Off-site Distribution	P	(D)
(a) Micro-brewery	P	(D)
10. Food and Beverage Sales
a. Food and Beverage Sales	P
b. Convenience Market	L(7)
(1) With Gasoline Sales	U	(F)
c. Specialty Food Shops	P
(1) With Off-site Distribution	P	(D)
11. Funeral and Interment Services	L(8)
12. Health Clubs	P
13. Home Improvement Sales and Service	P
14. Horticultural Establishment	P
15. Lumber and Building Material Yard	P
16. Maintenance and Repair Service/Small Equipment	P
17. Mini Storage	P
18. Nursery	P
19. Offices, Business and Professional
a. Offices, Business and Professional	L(9)
(1) Offices, Medical	L(9)
20. Parking, Commercial Facility	P	(E)
21. Pawn Shop	P
22. Personal Improvement Services	P
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outside a Building	U
25. Research and Development Services	P
26. Retail Sales/Rental	P
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	L(10)
b. Automobile Sales/New and Used	L(11)
c. Automobile Washing	U
d. Automobile Wrecking
e. Service Stations	U	(F)
(1) Automobile Washing	U
f. Vehicle/Equipment Repair	L(11)
(1) Limited Vehicle Service	L(11)
g. Vehicle/Equipment Sales and Rentals	L(12)
h. Vehicle Storage	U
28. Visitor Accommodations
a. Bed and Breakfast Inns	P
b. Hotels	P
c. Motels	P
C. Industrial Use Classifications		(B)
1. General Industry
2. Limited Industry	U
3. Research Development Industry
4. Wholesaling, Distribution and Storage	U
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges	U
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museum	P
6. Emergency Medical Care/No Inpatient	U
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Low Barrier Navigation Center	L(25)	(K)
13. Maintenance and Service Facilities	U
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(13)	(G)
(2) Small Collection Facility	L(13)	(G)
(3) Large Collection Facility	U	(G)
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(14)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(15)
3. Accessory Uses	L(16)
a. Garage Sales
b. Home Occupations	L(17)
c. Personal Cannabis Cultivation	L(22)	(J)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(18)
2. Christmas Tree Sales	L(18)
3. Civic/Community Events	L(18)
4. Farmers Markets	L(18)
5. Live Entertainment Events	L(18)
6. Outdoor Seating/Eating and Drinking Establishment	L(6)
7. Pumpkin Sales	L(18)
8. Retail Sales, Outdoor	L(18)
9. Swap Meets, Non-Recurring	L(18)
10. Swap Meets, Recurring	L(18)
11. Street Fairs	L(18)
12. Vendor Carts	L(19)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Automated teller services through machines are permitted; all other uses under this classification are prohibited.
L(3)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(4)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(5)	Not permitted if located within 600 feet of a school. A Conditional Use Permit shall be required if is to be located within 600 feet of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such conditional use permit, nor shall any such use permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the conditional use permit unless it finds that: 1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or 2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(6)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review.). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(7)	A Conditional Use Permit shall be required if it is to be located on the west side of North Main Street, otherwise it is a permitted use. The Planning Commission shall grant the conditional use permit if it finds that noise associated with the proposed use does not adversely impact residentially zoned property. The Planning Commission, in making the finding for approval, may impose conditions in regards to the following items (or any other items it deems appropriate to mitigate noise): a) Hours and days of operation. b) Installation of sound attenuation material, if necessary, to mitigate noise impacts.
L(8)	Crematories, columbariums and mausoleums are not permitted. Mortuaries are permitted subject to the issuance of a Conditional Use Permit.
L(9)	Permitted on the ground floor provided that the office is an accessory use to a permitted use. Permitted on floors above the ground floor. Offices not accessory to a permitted use, or on the floors above the ground floor level, are subject to the issuance of a Conditional Use Permit and the finding that the office use will not alter or interfere with the character of the service commercial businesses in the zoning district.
L(10)	A Conditional Use Permit shall be required if located on the west side of North Main Street subject to the findings that: a) The site fronts North Main Street with access from North Main Street; b) There is adequate space so that all vehicles for rent or lease can be parked on site at all times, and/or the use can demonstrate that it has other facilities that can accommodate the additional vehicles in excess of the subject site; c) The business will not negatively impact the abutting residential area. To ensure that the finding can be made, the Planning Commission may impose conditions relating to noise attenuation, screening, landscaping and setbacks. This use is also subject to the conditions in L(11). d) Are found in Sec. 10-2.4.605 for Conditional Use Permits.
L(11)	All facilities which have repair, loading, storage and other visually detractive activities (this does not include car sales inventory) which would be visible from the North Main Street corridor or the I-680 freeway shall be reviewed and approved by the Design Review Authority pursuant to Part IV, Article 12, Design Review. The Design Review Authority shall not approve any application where such activities cannot be adequately screened so as to preclude visibility from the North Main Street corridor or the I-680 freeway.
L(12)	Sale or rental of tractors, construction or agricultural equipment and similar equipment is permitted subject to the approval of a Conditional Use Permit. The sale or rental of motorcycles, mobile homes, recreational vehicles, and similar equipment is permitted. All vehicles and equipment for sale or rent must be parked or stored on site at all times, unless it can be demonstrated that there are other facilities that can accommodate the additional vehicles in excess of the subject site.
L(13)	Permitted subject to the approval of the Community Development Director.
L(14)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(15)	Accessory structures are permitted subject to Sec. 10-2.3.1103. Property Development Regulations.
L(16)	See the use regulation for the primary use regulation.
L(17)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(18)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(19)	Vendor-carts associated with a Civic/Community event are permitted subject to approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits). All other vendor-carts are not permitted.
L(20)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(21)	Permitted subject to the issuance of a Conditional Use Permit and Operator's Permit pursuant to Article 14 of Part III of the Zoning Ordinance.
L(22)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(23)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(24)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(25)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(E)	See Part III, Article 2. Off-street Parking and Loading.
(F)	See Part III, Article 8. Concurrent Sales and Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 12. Alcoholic Beverage Sales.
(J)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(K)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§4, Ord. 1908, eff. 10/16/97; §10, Ord. 1927, eff 7/16/98, §§26, 27, 28, Ord. 2109, eff. 6/15/12; §15, Ord. 2129, eff. 7/3/14; §7, Ord. 2145, eff. 3/4/16; §§7(2), (3), (33)—(35), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §5(2), Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3(13), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.1103 Property Development Regulations.

The following schedule prescribes development regulations for the Service Commercial District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(3)
G. Density
1. Residential		D(4)
2. Commercial	.3 FAR
3. Mixed Use	.3 FAR	D(4)
H. Maximum Lot Coverage	NA
I. Maximum Net Floor Area Ratio	.3 FAR
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(5)
L. Storage Space for Residential Units	200 cubic feet	D(6)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	The maximum building height shall be 30 feet unless otherwise specified by the Zoning Map.
D(4)	For residential development refer to the General Plan—Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(5)	A minimum of five percent (5%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: a. A minimum of twenty percent (20%) of the yard shall be landscaped. b. For projects with a residential component on the ground floor, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(6)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§2, Ord. 2037, eff. 12/17/04; §13, Ord. 2070, eff. 6/20/2008; §15, Ord. 2108, eff. 4/7/12; §7, Ord. 2145, eff. 3/4/16; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1201 Purpose and Intent.

The primary purpose of the Business Park Zone is to facilitate a vibrant and flexible administrative, medical, research and office center within the Shadelands Business Park. The intent is to create, maintain, and support an environment for higher quality, progressive, innovative and employment-generating businesses including administrative, professional office, limited industry, medical, research, and similar uses. It is also the intent to provide a mixture of lot sizes to accommodate small businesses as well as larger campus-style uses, and to provide amenities, personal service, and convenient restaurant uses for people who work in the business park. (§14, Ord. 2070, eff. 6/20/2008; §1, Ord. 2138, eff. 1/15/2015; §2, Ord. 2146, eff. 4/1/2016)

10-2.2.1202 Land Use Regulations.

In the following table, the letters in the "Use Regulations" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations." Where a use regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home
b. Large Family Day Care Home
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home
7. Accessory Dwelling Unit
8. Single Family Residential
B. Commercial Use Classifications		(A)
Alcohol Production—See Custom Manufacturing
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital	L(1)
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio	L(2)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(3)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(3)
5. Catering Services	L(4)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation	L(25)
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	P
8. Custom Manufacturing	L(2)
9. Eating and/or Drinking Establishments		(E)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(5)
(2) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(5)
(3) With Live Entertainment
(4) With Dancing
(5) With Take-out Service	L(3)
(a) Drive-up
(6) With Permanent Outdoor Seating	L(3)
(7) With Off-site Distribution
(a) Micro-brewery	L(3)
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	L(6)
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment	L(7)
15. Lumber and Building Material Yard
16. Maintenance and Repair Service
17. Mini Storage	L(8)
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	P
(1) Offices, Medical	L(9)
20. Parking, Commercial Facility	L(10)	(B)
21. Pawn Shop
22. Personal Improvement Services	L(11)
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a Building	L(12)
b. Outside a Building
25. Research and Development Services	P
26. Retail Sales/Rental	L(13)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels	L(14)
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry	L(15)
3. Research Development Industry	L(16)
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(C)
3. Clubs and Lodges
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	U
14. Public Parking Facilities	P
15. Public Safety Facilities	P
16. Public Transit Terminals	L(17)
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(18)	(D)
(2) Small Collection Facility	L(18)	(D)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private	U
21. Skilled Nursing Facilities	L(19)
22. Utilities, Major	L(20)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(21)
3. Accessory Uses	L(22)
a. Garage Sales
b. Home Occupations
c. Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor	L(23)
2. Christmas Tree Sales	L(23)
3. Civic/Community Events	L(23)
4. Farmers Markets	L(23)
5. Live Entertainment Events	L(23)
6. Outdoor Seating/Eating and Drinking Estab.	L(23)
7. Pumpkin Sales	L(23)
8. Retail Sales, Outdoor	L(23)
9. Swap Meets, Nonrecurring	L(23)
10. Swap Meets, Recurring	L(23)
11. Street Fairs	L(23)
12. Vendor Carts	L(24)

USE REGULATIONS
L(1)	Animal hospitals/veterinarian services are permitted; provided, that there is no boarding of animals except for convalescence or medical examinations.
L(2)	Alcohol production uses in the B-P Zoning District shall mean a commercial establishment within an enclosed building that produces handcrafted, bottled alcoholic beverages in limited quantities for local and off-site consumption with or without a related eating and/or drinking establishment, including microbreweries, craft wineries, distilleries, cider works, meaderies, and other micro-alcohol uses for the small-scale production and distribution of no more than 15,000 barrels of beer or cider per year or 10,000 cases of wine, distilled spirits, or mead per year. Alcohol production and custom manufacturing uses are permitted; provided, that all activity is conducted entirely within an enclosed building and the use is consistent with all performance standards pursuant to Section 10‑2.2.1203, Property Development Regulations, D(9). Alcohol production uses with on-site eating or drinking uses are also subject to L(5). Uses that include outdoor activity are permitted subject to the issuance of a conditional use permit. Retail sales of custom manufacturing products produced on site is permitted as an accessory use.
L(3)	If the use is to be located in and completely occupy a freestanding building, the use is permitted upon approval of conditional use permit. In approving the conditional use permit the Planning Commission must find that: a) The use in terms of location, size, appearance and signage, will not alter the campus atmosphere of the individual buildings nor change the overall nature of the business park; and b) The use is in compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9); and c) The use will provide a benefit and service to existing employers and employees of the business park; and d) The hours of operation do not negatively affect adjacent residential neighborhoods. All other uses are permitted subject to compliance with all performance standards in Section 10‑2.2.1203, Property Development Regulations, D(9).
L(4)	Catering services in the Business Park zoning district include small-scale production of handcrafted foods and nonalcoholic beverages, including chocolates, coffee roasting, tea and spices mixing, bakeries, jams/jellies, pasta production, canning and bottling kitchens, and commercial kitchens for an individual business or groups of individual businesses that share facilities. In the B-P-100 zoning district catering services including accessory on-site pick-up or consumption of the business's products or other products and are permitted subject to compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9). In the B-P-200 zone, catering services that have accessory on-site pick-up or consumption of the business's products or other products that are located within 300 feet of residential property are permitted upon approval of a conditional use permit by the Planning Commission; otherwise, the use is permitted subject to compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9). For retail bakeries and delicatessens, see Food and Beverage Sales.

USE REGULATIONS
L(5)	If the use is to be located in and completely occupy a freestanding building, the use is permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the administrative use permit compliance checklist conditions of approval pursuant to Article 12 of Part III of this chapter. All other uses are permitted upon approval of an administrative use permit pursuant to Article 12 of Part III of this chapter.
L(6)	Delicatessens and bakeries are permitted subject to L(3). All other uses within this classification are not permitted. For uses such as coffee shops and cafés, see Eating and/or Drinking Establishments.
L(7)	Horticultural uses in the B-P Zoning District shall include businesses engaged in growing food crops. Horticultural uses are permitted uses subject to compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9).
L(8)	The mini-storage use is permitted upon approval of a conditional use permit. In approving the use permit, the Planning Commission shall find that: a) The use, in terms of location, size, appearance and signage, will not alter the campus atmosphere of the individual building nor change the overall nature of the business park; and b) The use will provide a benefit and service to existing employers and employees of the business park; and c) The buildings occupied by this use shall not be located within 300 feet of any public street or residential property, including those exterior to the business park, nor 500 feet from an arterial roadway; and d) The site, because of its location and limited visibility, is marginally suited for independent administrative or research uses; and e) The proposed use does not create noise, light, or other negative impacts for nearby residential uses; and f) The hours of operation are limited to 7:00 a.m. to 7:00 p.m.
L(9)	Permitted subject to compliance with the off-street parking and loading regulations contained within Part III, Article 2 of this chapter.
L(10)	A temporary commercial parking lot is permitted subject to the approval of a minor use permit. A permanent commercial parking lot is permitted subject to the issuance of a conditional use permit.
L(11)	Training centers which are accessory to business and professional offices or research and development services are permitted. Business and trade schools are permitted upon approval of a conditional use permit. All other uses within this classification are permitted subject to L(3).
L(12)	Participant sports and recreation (including but not limited to basketball, indoor soccer, arena football, volleyball, lacrosse and pickleball, as well as related training and incidental spectators) are permitted within a building subject to approval of a conditional use permit. Sports training includes all types of equipment and technology relating to training. Eating and/or drinking establishments, retail sales/rentals, game centers, health clubs, and personal improvement services are permitted as accessory uses to indoor commercial recreation within a building subject to approval of a conditional use permit. The Planning Commission shall not approve a conditional use permit under this use regulation L(12) unless it finds that the uses will be compatible with the function and aesthetics of the business park. Accessory uses shall be permitted only if the Planning Commission finds that participant sports and recreation will be the primary use of the facility. Hours of operation shall not be earlier than 6:00 a.m. or later than 12:00 a.m. for primary and accessory uses. Notwithstanding the foregoing, alcoholic beverage services shall be subject to the permit requirements and regulations set forth in Article 12 of Part III of this chapter. Hours of operation for alcoholic beverage services shall be set pursuant to Article 12 of Part III of this chapter. All other primary uses within this classification are prohibited.
L(13)	Prescription pharmacies that are an integral part of, and accessory to, a complex of medical offices are permitted. Retail sales of products produced by the subject business are permitted as an accessory use to the primary use (see also the primary use regulations). If the accessory retail use is to be located in and completely occupy a freestanding building, the use is permitted upon approval of a conditional use permit. In approving the use permit the Planning Commission must find that: a) The retail use is accessory to the primary use; and b) The use, in terms of location, size, appearance and signage, will not alter the campus atmosphere of the individual buildings nor change the overall nature of the business park; and c) The use is in compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9); and d) The use will provide a benefit and service to existing employers and employees of the business park; and e) The hours of operation do not negatively affect adjacent residential neighborhoods.
L(14)	Permitted subject to the issuance of a conditional use permit. In approving the use permit the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9).
L(15)	Limited industry uses as well as associated warehousing and distribution is permitted as an accessory use to business and professional offices or commercial research and development services subject to compliance with the performance standards of the B-P Zoning District in Section 10-2.2.1203, Property Development Regulations, D(9). If manufacturing (as described in the Limited Industry use classification) is the primary function of the business, the use is permitted upon approval of a conditional use permit. In approving the use permit the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9).
L(16)	Research development industry uses are permitted in the B-P-100 zoning district subject to compliance with the performance standards of the B-P Zoning District in Section 10-2.2.1203, Property Development Regulations, D(9). Research development industry uses in the B-P-200 zoning district are permitted subject to the issuance of conditional use permit. In approving the use permit, the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9).
L(17)	Park-and-ride lots, pedestrian pathways, bicycle pathways, and sheltered bus stops are permitted uses. All other uses within this classification are not permitted.
L(18)	Permitted subject to the approval of the Community and Economic Development Director.
L(19)	Skilled nursing facilities that have a typical stay of 30 days or less but no more than 100 days of stay are permitted upon approval of a conditional use permit. In approving the conditional use permit the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9). All other uses within this classification are not permitted.
L(20)	Electrical substations, aboveground electrical transmission lines and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(21)	Accessory structures are permitted subject to Section 10-2.3.103, Accessory Structures, and design review, pursuant to Sections 10-2.4.1201 to 10-2.4.1210. Within the B-P-100 zone, accessory structures may be constructed to a height of 11 feet within side and rear required setbacks if screened from view from the public right-of-way by sufficient landscape screening. Flag poles, banners, and shade structures may be permitted in side and rear setbacks to a height of 18 feet.
L(22)	See the use regulation for the primary use classification.
L(23)	A property owner shall apply for a master temporary activity permit (MTAP) to allow temporary and short-term uses (including, but not limited to: arts and crafts shows, outdoor; Christmas tree sales; civic/community events; farmers markets; live entertainment events; pumpkin sales; retail sales, outdoor; vintage automobile shows; vintage vehicles; antique shows; street fairs; and similar special events as approved by the Planning Manager, or his/her designee) proposed within the boundaries of the zoning district during the calendar year. The MTAP shall be subject to the review and written approval of the Planning Manager, or his/her designee. The property owner may seek issuance of (or amendment to) the MTAP at any time during the calendar year, but regardless of the date of issuance (or amendment), the MTAP shall expire on December 31st each year. The master TAP application shall include the following information: (1) list of all temporary uses proposed starting January 1st and ending December 31st; (2) proposed dates, times, and duration of each temporary use (not to exceed four consecutive days); (3) frequency of each temporary use (i.e., one-time, daily, weekly, biweekly, monthly, quarterly, semi-annually, annually, up to a total of 50 days per year); (4) other information, as required.
L(24)	Vendor-carts that are accessory to the primary use and also that are not accessory to the primary use, such as food trucks, are permitted subject to approval of a master temporary activity permit per L(23).
L(25)	Permitted subject to the issuance of a Conditional Use Permit and Operator's Permit pursuant to Article 14 of Part III of the Zoning Ordinance.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service and Display.
(B)	See Part III, Article 2 of this chapter, Off-Street Parking and Loading.
(C)	See Part III, Article 6 of this chapter, Child Day Care Facilities.
(D)	See Part III, Article 7 of this chapter, Recycling Facilities.
(E)	See Part III, Article 12 of this chapter, Alcoholic Beverage Sales.

(§14, Ord. 2070, eff. 6/20/2008; §§29, 30, 31, Ord. 2109, eff. 6/15/12; §16, Ord. 2129, eff. 7/3/14; §1, Ord. 2138, eff. 1/15/2015; §2, Ord. 2146, eff. 4/1/2016; §§7(4), (5), (48), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §5(3), Ord. 2216, eff. 7/2/22)

10-2.2.1203 Property Development Regulations.

The following schedule prescribes development regulations for the business park district. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this district. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the "Development Regulations" column is blank, the development regulation is then outlined in the "Additional Regulations" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area
1. B-P-100	100,000 sq. ft.
2. B-P-200	200,000 sq. ft.
B. Minimum Lot Width
1. B-P-100	200 feet
2. B-P-200	300 feet
C. Minimum Lot Frontage
1. B-P-100	200 feet
2. B-P-200	300 feet
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(2) D(3) D(7)
1. Front		D(1) D(4)
a. B-P-100	25 feet
b. B-P-200	75 feet
2. Side	20 feet	D(1) D(4) D(5) D(6)
3. Corner Side		D(1) D(4) D(6)
a. B-P-100	25 feet
b. B-P-200	37 1/2 feet
4. Rear	20 feet	D(1) D(4) D(5) D(6)
F. Maximum Height	40 feet
G. Density
1. Commercial
a. B-P-100	.5 FAR
b. B-P-200	.3 FAR
H. Maximum Lot Coverage
1. B-P-100	50%
2. B-P-200	30%
I. Maximum Floor Area Ratio
1. B-P-100	.5 FAR
2. B-P-200	.3 FAR
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(7)
L. Fences and Walls	See Sec. 10-2.3.104.	D(8)
M. Antennas	See Sec. 10-2.3.120.
N. Nonconforming Conditions	See Part III, Article 3.
O. Elevators	See Sec. 10-2.3.124.
P. Recycling Facilities	See Part III, Article 7.
Q. Performance Standards		D(9)
R. Parking and Loading	See Part III, Article 2.	D(7)
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3, Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Storm Water Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum width of any front, side, corner side, or rear yard adjacent to Ygnacio Valley Road or Oak Grove Road shall be 75 feet.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.
D(4)	The minimum front, side, corner side, or rear yard shall be increased by one (1) foot for each one (1) foot that a building adjacent to such yard exceeds twenty (20) feet in height. Pursuant to Part IV, Article 12, Design Review, the Design Review Authority may reduce or waive the additional building setbacks required for buildings over twenty (20) feet in height upon finding that the additional setback is: (a) not needed to maintain the overall campus atmosphere of the business park; and (b) that the proposed building architecture has adequate material and building wall articulation to avoid the appearance of a large, monolithic structure.
D(5)	Where a lot has its side yard or rear yard adjacent to any residential district, the Design Review Authority, pursuant to Part IV, Article 12, Design Review, may designate such additional setback requirements necessary to protect and promote appearance, safety and welfare of surrounding properties.
D(6)	The regulations pertaining to corner side yards shall be applicable to side yards and rear yards abutting a street.
D(7)	All yards abutting on a public street, except the portion thereof necessary for driveways, sidewalks, and bicycle paths, shall be landscaped and shall be maintained in a clean and neat condition. All landscaping shall be cared for, maintained, watered, fertilized, fumigated, pruned and kept in a good and growing condition. Pursuant to Part IV, Article 12, Design Review, the Design Review Authority may permit surface parking lots within any yard abutting Oak Grove Road or Ygnacio Valley Road, but in no case shall a surface parking lot be located less than twenty-five (25) feet from Oak Grove Road and thirty-five (35) feet from Ygnacio Valley Road.
D(8)	All sites shall be fenced for the purpose of screening loading facilities or other uses which may be unsightly. Solid fences shall be required along any property line abutting a residential zone as deemed necessary by the Design Review Authority pursuant to Part IV, Article 12, Design Review, to screen loading areas, accessory buildings, or other activities from the streets. Fences within a required front yard or within a required side yard along the street side of a corner lot shall be of open construction.
D(9)	Performance standards shall be maintained as follows: a. Fire and Explosion Hazards. All activities involving and all storage of flammable and explosive material shall be provided with adequate safety devices against hazards of fire and explosion by adequate firefighting and fire-suppression equipment and devices standard in industry. All incineration shall be prohibited. b. Radioactivity and Electrical Disturbances. Devices which radiate radio frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. Noise. The maximum sound level radiated by any use or facility, when measured at the boundary line of the property on which sound is generated, shall not be obnoxious by reason of its duration, intensity or pitch as determined by the City. d. Vibration. No vibration shall be permitted so as to cause a noticeable tremor beyond the boundary line of the property upon which the vibration exists. e. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible smoke. f. Odors. No emission shall be permitted of odorous gases or other odorous matter. g. Air Pollution. No emission shall be permitted which causes any damage to health, animals, vegetation or other form of property, or which causes soiling, at or beyond the property line of the property where the emission is produced. h. Glare. No direct or reflected glare, whether produced by floodlights, high temperature processes such as combustion or welding, or other processes, so as to be visible from the boundary line of property on which the same is produced, shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. i. The use, in terms of location, size, appearance and signage, will not significantly alter the character of the individual buildings nor change the overall nature of the business park. j. The addition of or expansion of driveways onto or off of Ygnacio Valley Road or Oak Grove Road is prohibited. k. Food Waste. No production of fruits, vegetables, flowers, apiculture or other food production shall be managed in a way as to attract vermin or to cause a nuisance. Food waste shall be stored in appropriate enclosures such as compost cages or bins, vermiculture bins, or other food waste bins. l. A thirty-five (35) foot landscaped setback shall be maintained along Ygnacio Valley Road between Walnut Ave. and Oak Grove Road, excluding required driveways and walkways. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material.

(§2, Ord. 2037, eff. 12/17/04; §14, Ord. 2070, eff. 6/20/2008; §16, Ord. 2108, eff. 4/7/12; §1, Ord. 2138, eff. 1/15/2015; §2, Ord. 2146, eff. 4/1/2016; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1301 Purpose and Intent.

The purpose of the community commercial zone is to provide locations for planned and integrated retail shopping areas in close proximity to residential neighborhoods. The intent is to create areas with a wide variety of commercial establishments allowing for convenient day to day shopping and services.

The Community Commercial zone is designed for the existing neighborhood shopping center areas located within or in close proximity to existing residential neighborhoods. While a wide variety of uses is encouraged to serve the daily needs of nearby residential areas, those uses which may have some adverse effects on adjoining residential property will be conditionally permitted. (§5, Ord. 1908, eff. 10/16/97)

10-2.2.1302 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(I)
1. Adult Day Care Home	P
2. Congregate Living Facility	U
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	U
5. Multiple Family Residential	L(28)
6. Residential Care Home	P
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(30), L(31)
10. Transitional Housing	L(30)
B. Commercial Use Classifications		(B)
1. Ambulance Services	U
2. Animal Sales and Service
a. Animal Hospital	L(2)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(3)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(4)
(1) With Drive-up Service	U
(2) With Automated Teller Machine	L(5)
5. Catering Services	L(6)	(C)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(7)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(8)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(9)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(8)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(9)
(5) With Live Entertainment	P	(D) (J)
(6) With Dancing	P	(D) (J)
(7) With Take-out Service	L(11)
(a) Drive-up	L(12)
(8) With Permanent Outdoor Seating	L(13)
(9) With Off-site Distribution	U	(C)
(a) Micro-brewery	U	(C)
10. Food and Beverage Sales
a. Food and Beverage Sales	P
b. Convenience Market	P
(1) With Gasoline Sales	U	(E)(F)
c. Specialty Food Shops	P
(1) With Off-site Distribution	U	(C)
11. Funeral and Interment Services	L(14)
12. Health Clubs	P
13. Home Improvement Sales and Service	L(15)
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment	L(3)
17. Mini Storage
18. Nursery	L(15)
19. Offices, Business and Professional
a. Offices, Business and Professional	L(7)
(1) Offices, Medical	L(16)
20. Parking, Commercial Facility	L(17)
21. Pawn Shop	L(18)
22. Personal Improvement Services	L(19)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(15)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing	U
d. Automobile Wrecking
e. Service Stations	U	(E)(F)
(1) Automobile Washing	U	(F)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U
b. Hotels	U
c. Motels	U
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient	U
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	L(20)	(M)
12. Low Barrier Navigation Center	L(32)	(M)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(21)	(H)
(2) Small Collection Facility	L(21)	(H)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly	U
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(22)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(23)
3. Accessory Uses	L(24)
a. Garage Sales
b. Home Occupations	L(25)
c. Personal Cannabis Cultivation	L(29)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(26)
2. Christmas Tree Sales	L(26)
3. Civic/Community Events	L(26)
4. Farmers Markets	L(26)
5. Live Entertainment Events	L(26)
6. Outdoor Seating/Eating and Drinking Establishment	L(13)
7. Pumpkin Sales	L(26)
8. Retail Sales, Outdoor	L(26)
9. Swap Meets, Non-Recurring	L(26)
10. Swap Meets, Recurring	L(26)
11. Street Fairs	L(26)
12. Vendor Carts	L(27)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Animal Hospitals/Vet Services are permitted subject to the issuance of a Conditional Use Permit and shall not include the boarding of animals except for convalescence or medical examination.
L(3)	Permitted provided that the primary use of the facility is retail sales. Where retail sales are not the primary use of the facility, the uses are not permitted.
L(4)	Facilities that have a gross floor area of 1,000 square feet or less are permitted. Facilities that exceed 1,000 square feet in gross floor area are permitted on approval of a Conditional Use Permit.
L(5)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building, it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has adequate security and lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow. A Conditional Use Permit shall be required if located in the Community Commercial district north of Geary Road. In addition to the findings listed above, the following findings must be made: a. The site fronts North Main Street with access from North Main Street, b. There is adequate space for short-term parking, and c. The ATM activity will not negatively impact the abutting residential area.
L(6)	Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment, otherwise not permitted.
L(7)	Permitted on floors above the ground level or on the ground level on approval of a Conditional Use Permit. In approving the use permit, the Planning Commission shall find that the proposed location is not suitable for retail use by virtue of its location, configuration, or relationship to streets, driveways or access ways.
L(8)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(9)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(10)	Not permitted if located within 600 feet of a school. A Conditional Use Permit shall be required if is to be located within 600 feet of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such conditional use permit, nor shall any such use permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the conditional use permit unless it finds that (1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or (2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(11)	If the use is to be located in a freestanding building, the use is permitted upon approval of a Conditional Use Permit. If the use is not located in a freestanding building, the use is permitted. In the Community Commercial district north of Geary Road, the use is permitted.
L(12)	A Conditional Use Permit is required. In the Community Commercial district north of Geary Road/Treat Boulevard, the use is prohibited. As an incentive to encourage development of the former co-op site and adjacent gas station site, (1510 Geary Road) a drive-thru restaurant may be conditionally permitted if it is associated with a larger development. If a Conditional Use Permit is not approved by September 11, 1998, the drive-thru use is prohibited.
L(13)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(14)	Mortuaries are permitted upon approval of a Conditional Use Permit. All other uses within this category are not permitted.
L(15)	Permitted provided that all activity is conducted entirely within an enclosed building. Uses that include outdoor sales are permitted upon approval of a Conditional Use Permit subject to a finding that the outdoor sales does not negatively impact any abutting residential uses.
L(16)	Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are permitted subject to L(7).
L(17)	A Temporary Commercial Parking Lot is permitted subject to the approval of a Minor Use Permit. A Permanent Commercial Parking Lot is permitted subject to the issuance of a Conditional Use Permit.
L(18)	In the Community Commercial district north of Geary Road, the use is prohibited; otherwise permitted.
L(19)	Business and Trade Schools are permitted subject to the issuance of a Conditional Use Permit. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.
L(20)	A Conditional Use Permit shall be required if housing for the homeless is to be located on any parcel within 600 feet of the boundary of any residential zoning district, otherwise it is a permitted use.
L(21)	Permitted subject to the approval of the Community Development Director.
L(22)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(23)	Accessory structures are permitted subject to Sec. 10-2.2.1304. Property Development Regulations.
L(24)	See the use regulation for the primary use classification.
L(25)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(26)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(27)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment and are not within the public right-of-way.
L(28)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(29)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(30)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(31)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(32)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(D)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(E)	See Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(F)	See Part III, Article 8. Concurrent Sales.
(G)	See Part III, Article 2. Off-street Parking and Loading Regulations.
(H)	See Part III, Article 7. Recycling Facilities.
(I)	See Part III, Article 9. Inclusionary Housing.
(J)	See Part III, Article 12. Alcoholic Beverage Sales.
(K)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5, Accessory Dwelling Units.
(M)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§5, Ord. 1908, eff. 10/16/97; §11, Ord. 1927, eff. 7/16/98; §§32, 33, 34, Ord. 2109, eff. 6/15/12; §17, Ord. 2129, eff. 7/3/14; §8, Ord. 2145, eff. 3/4/16; §§7(1), (36)—(38), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §5(1), Ord. 2216, eff. 7/2/22; §3, Ord. 2241, eff. 7/19/24; §3(14), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.1303 Property Development Regulations.

The following schedule prescribes development regulations for the Community Commercial District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2)
1. Front	10'	D(3)
2. Side	10'
3. Corner Side	10'	D(3)
4. Rear	20'
F. Maximum Height		D(4)
G. Density
1. Residential		D(5)
2. Commercial	.3 FAR
3. Mixed Use	.3 FAR	D(5)
H. Maximum Lot Coverage	NA
I. Maximum Net Floor Area Ratio	.3 FAR
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(6)
L. Storage Space for Residential Units	200 cubic feet	D(7)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	If the front lot line is substantially a continuation of a front lot line of an abutting lot that is in a residential zone district (even if it is separated by a street), the front setback shall be not less than the required front setback in the abutting residential zone district.
D(4)	The maximum building height shall be 20 feet unless otherwise specified by the Zoning Map.
D(5)	For residential development refer to the General Plan—Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(6)	The minimum required front and corner side setbacks shall be landscaped. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(7)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§5, Ord. 1908, eff. 10/16/97; §15, Ord. 2070, eff. 6/20/2008; §2, Ord. 2037, eff. 12/17/04; §17, Ord. 2108, eff. 4/7/12; §8, Ord. 2145, eff. 3/4/16; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1401 Purpose and Intent.

The purpose of the Open Space/Recreation District is to identify the existing publicly owned open space, parks and golf courses. The intent is to provide land for public parks, recreation areas, wildlife preserves, watershed areas and scenic vistas.

10-2.2.1402 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(C)
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Center	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(E)
b. Junior Accessory Dwelling Unit	P	(E)
8. Single Family Residential	L(1)
B. Commercial Use Classifications		(A)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables	U
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(D)
a. Eating and/or Drinking Establishments	L(2)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(2)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(3)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(2)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(3)
(5) With Live Entertainment	P	(D)
(6) With Dancing	P	(D)
(7) With Take-out Service
(a) Drive-up
(8) With Permanent Outdoor Seating	L(3)
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building	L(3)
25. Research and Development Services
26. Retail Sales/Rental	L(3)
27. Vehicle/Equipment Sales and Service
a. Automobile Sales/New and Used
b. Automobile Washing
c. Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museum	P
6. Emergency Medical Care/No Inpatient
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	P
14. Public Parking Facilities
15. Public Safety Facilities
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(4)	(B)
(2) Small Collection Facility	L(4)	(B)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private
21. Skilled Nursing Facilities
22. Utilities, Major	L(5)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure
3. Accessory Uses
a. Accessory Uses	L(6)
(1) Garage Sales
(2) Home Occupations
(3) Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor	L(7)
2. Christmas Tree Sales	L(7)
3. Civic/Community Events	L(7)
4. Farmers Markets	L(7)
5. Live Entertainment Events	L(7)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(7)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts	L(7)

USE REGULATIONS
L(1)	Single Family Residential uses shall be permitted for caretakers, docents, park rangers and watchmen.
L(2)	Permitted as an accessory use in Cultural Institutions and Park and Recreation Facilities upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(3)	Permitted as an accessory use in Cultural Institutions and Park and Recreation Facilities upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(4)	Permitted upon approval by the Community Development Director.
L(5)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(6)	See the use regulations for the primary use classification.
L(7)	Permitted subject to the approval of a Temporary Activity Permit.

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(B)	See Part III, Article 7. Recycling Facilities.
(C)	See Part III, Article 9. Inclusionary Housing.
(D)	See Part III, Article 12. Alcoholic Beverage Sales.
(E)	See Part III, Article 5. Accessory Dwelling Units.
(F)	See Part III, Article 6. Child Day Care Facilities.

(§§35, 36, 37, Ord. 2109, eff. 6/15/12; §18, Ord. 2129, eff. 7/3/14; §§7(1), (48), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §13, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.1403 Property Development Regulations.

The following schedule prescribes development regulations for the Open Space/Recreation District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1)
F. Maximum Height		D(2)
G. Density		D(3)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(3)
J. Design Review	See Sec. 10-2.4.1202.
K. Fences and Walls	See Sec. 10-2.3.104.
L. Antennas	See Sec. 10-2.3.120.
M. Non-Conforming Conditions	See Part III, Article 3.
N. Recycling Facilities	See Part III, Article 7.
O. Parking and Loading	See Part III, Article 2.
P. Signs	See Title 10, Chapter 8.
Q. Preservation of Trees	See Title 3. Chapter 8.
R. Hillside Performance Standards	See Part III, Article 4.
S. Stormwater Control	See Title 9, Chapter 16
T. Landscaping	See Part III, Article 11.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Minimum setback requirements shall be determined on a case by case basis in the approval of a site plan.
D(2)	The maximum height limitation shall be 25 feet unless otherwise shown on the Zoning Map.
D(3)	The maximum density shall be determined on a case by case basis but in no case shall exceed .1 du/acre or a .1 FAR.

(§2, Ord. 2037, eff. 12/17/04; §16, Ord. 2070, eff. 6/20/2008; §18, Ord. 2108, eff. 4/7/12)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1501 Purpose and Intent.

The purpose of the Community Facility zoning district is to identify those parcels and areas of the City which have existing schools, fire stations, libraries, museums, government buildings, special district facilities, public utility stations, rights-of-way, the Bart station and associated property, and the Civic Arts Theater. The intent is to designate those facilities which are utilized by: 1) special districts, and 2) by and for the public, to distinguish them from the surrounding standard zoning categories. A further intent is to provide the Planning Commission and City Council a means to consider the most appropriate use of a site following discontinuance of a community facility use without the encumbrance of a base district which may or may not provide appropriate regulations for reuse of the site.

10-2.2.1502 Land Use Regulations.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home
b. Large Family Day Care Home
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home
7. Accessory Dwelling Unit
8. Single Family Residential
B. Commercial Use Classifications		(A)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(C)
a. Eating and/or Drinking Establishments	L(2)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(1)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(2)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(1)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(2)
(5) With Live Entertainment	P	(C)
(6) With Dancing	P	(C)
(7) With Take-out Service
(a) Drive-up
(8) With Permanent Outdoor Seating
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building	L(3)
b. Outside a Building	L(4)
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Sales/New and Used
b. Automobile Washing
c. Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U
3. Clubs and Lodges
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient
7. Government Offices	U
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters	U	(D)
11. Hospitals
a. Acute Care	U
b. Other
12. Maintenance and Service Facilities	U
13. Park and Recreation Facilities	U
14. Public Parking Facilities	U
15. Public Safety Facilities	U
16. Public Transit Terminals	U
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(5)	(B)
(2) Small Collection Facility	L(5)	(B)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private	U
21. Skilled Nursing Facilities
22. Utilities, Major	L(6)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure
3. Accessory Uses
a. Accessory Use	L(7)
b. Garage Sales
(1) Home Occupations
c. Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor	L(8)
2. Christmas Tree Sales	L(8)
3. Civic/Community Events	L(8)
4. Farmers Markets	L(8)
5. Live Entertainment Events	L(8)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(8)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs	L(8)
12. Vendor Carts	L(8)

USE REGULATIONS
L(1)	Permitted as an accessory use in cultural, educational and governmental uses upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance, provided there is not separate entrance to the use and there is no signage advertising the use.
L(2)	Permitted as an accessory use in cultural, educational and governmental uses upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance, provided there is not separate entrance to the use and there is no signage advertising the use.
L(3)	Live performing arts theaters are permitted upon approval of a conditional use permit. All other uses within this classification are not permitted.
L(4)	Commercial golf courses and driving ranges are permitted upon approval of a conditional use permit. All other uses within this classification are not permitted.
L(5)	Permitted upon approval by the Community Development Director.
L(6)	Electrical substations, aboveground electrical transmission lines, water pumping stations, flood control or drainage facilities, rights-of-way and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(7)	See the use regulation for the primary use classification.
L(8)	Permitted subject to the approval of Temporary Activity Permit.

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(B)	See Part III, Article 7. Recycling Facilities.
(C)	See Part III, Article 12. Alcoholic Beverage Sales.
(D)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§§38, 39, 40, Ord. 2109, eff. 6/15/12; §19, Ord. 2129, eff. 7/3/14; §§7(1), (48), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §5(1), Ord. 2216, eff. 7/2/22; §3(15), Ord. 2243, eff. 9/7/24)

10-2.2.1503 Property Development Regulations.

The following schedule prescribes development regulations for the Community Facility District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
B. Minimum Lot Width		D(1)
C. Minimum Lot Frontage		D(1)
D. Minimum Lot Depth		D(1)
E. Minimum Setbacks
1. Front		D(1)
2. Side		D(1)
3. Corner Side		D(1)
4. Rear		D(1)
F. Maximum Height		D(2)
G. Density		D(3)
H. Maximum Lot Coverage		D(1)
I. Maximum Floor Area Ratio		D(3)
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(1)
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Recycling Facilities	See Part III, Article 7.
P. Parking and Loading		D(1)
Q. Signs	See Title 10, Chapter 8.
R. Preservation of Trees	See Title 3. Chapter 8.
S. Hillside Performance Standards	See Part III, Article 4.
T. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

The minimum lot area, lot width, lot frontage, lot depth, setback, landscaping and parking requirements shall be determined in the approval of a Conditional Use Permit. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan for front and corner side setbacks.

D(2)

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.

D(3)

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the North Downtown Specific Plan: The maximum density shall be determined in the approval of a Conditional Use Permit but in no case shall exceed a maximum FAR of 2.0.

(§2, Ord. 2037, eff. 12/17/04; §17, Ord. 2070, eff. 6/20/2008; §19, Ord. 2108, eff. 4/7/12; §11, Ord. 2200, eff. 12/6/19; §9, Ord. 2209, eff. 3/19/21)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1601 Purpose and Intent.

The purpose of the Hospital Planned Development (HO P-D) zoning district is to identify those parcels which are part of the City's existing hospital facilities except for those portions of the John Muir Medical Center that are currently zoned Planned Development. The intent is to designate the areas which are considered an integral part of the hospital facilities and which provide medical, surgical, psychiatric or emergency medical Service to sick or injured persons, primarily on an inpatient basis. Related facilities for out-patient treatment, as well as training, research, and administrative Service for patients and employees are also included.

10-2.2.1602 Land Use Regulations. Revised 4/25

No use shall be permitted in the Hospital Planned Development District except in accord with a valid Planned Development Permit or Section 10-2.3.1702, Ministerial Review Required. Any permitted or conditionally permitted use in the Land Use Regulations Table may be included in an approved P-D permit, if consistent with the General Plan land use designation.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(C)
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(G)
b. Large Family Day Care Home	P	(G)
4. Group Residential	U
5. Multiple Family Residential	U
6. Residential Care Home
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(E)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(11), L(12)
10. Transitional Housing	L(11)
B. Commercial Use Classifications		(A)
1. Ambulance Services	U
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(D)
a. Eating and/or Drinking Establishments	L(1)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(1)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(2)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(1)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(2)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service
(a) Drive-up
(8) With Permanent Outdoor Seating	L(1)
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(3)
(1) Offices, Medical	L(3)
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services	L(4)
26. Retail Sales/Rental	L(5)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports	L(6)
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care	P
b. Other	P
12. Low Barrier Navigation Center	L(13)	(F)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities
15. Public Parking Facilities
16. Public Safety Facilities
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine Facility	L(7)	(B)
(2) Small Collection Facility	L(7)	(B)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility	U
21. Schools, Public or Private
22. Skilled Nursing Facilities	P
23. Utilities, Major	L(8)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(9)
3. Accessory Uses
a. Accessory Uses	L(10)
b. Garage Sales
c. Home Occupations
d. Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor
2. Christmas Tree Sales
3. Civic/Community Events	L(11)
4. Farmers Markets
5. Live Entertainment Events
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Eating and drinking facilities that are an integral part of and ancillary to the hospital facility are a permitted use. Sales and service of alcoholic beverages are permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. All other eating and drinking facilities are not permitted.
L(2)	Sales and service of alcoholic beverages are permitted as an accessory use upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. All other eating and drinking facilities are not permitted.
L(3)	Business and Professional Offices which are directly related to the operation of the hospital facility are a permitted use. All other Business and Professional Offices are not permitted.
L(4)	Research and Development Services which are an integral part of the hospital facility are a permitted use. All other Research and Development Services are not permitted.
L(5)	Prescription pharmacies and/or retail facilities (including gift shops) which are an integral part of the hospital facility are a permitted use. All other Retail Sales/Rental facilities are not permitted.
L(6)	Heliports which meet the criteria for providing "emergency aircraft flights for medical purposes" under Public Utilities Code Section 21662.4 are a permitted use. The location of the heliport shall be reviewed and approved by the Planning Commission pursuant to Part IV, Article 12, Design Review. All other heliports are not permitted.
L(7)	Reverse Vending Machine Facilities and Small Collection Facilities are permitted upon approval by the Community Development Director.
L(8)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(9)	Accessory structures are permitted subject to Sec. 10-2.2.1604. Property Development Regulation.
L(10)	See the use regulations for the primary use classification.
L(11)	Permitted subject to the approval of Temporary Activity Permit.
L(12)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(13)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(14)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code and Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(B)	See Part III, Article 7. Recycling Facilities.
(C)	See Part III, Article 9. Inclusionary Housing.
(D)	See Part III, Article 12. Alcoholic Beverage Sales.
(E)	See Part III, Article 5. Accessory Dwelling Units.
(F)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.
(G)	See Part III, Article 6, Child Day Care Facilities.

(§§41, 42, 43, Ord. 2109, eff. 6/15/12; §20, Ord. 2129, eff. 7/3/14; §§7(1), (48), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §14, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3(16), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.1603 Permit Required.

Except in accord with Section 10-2.3.1702, Ministerial Review Required, any property zoned Hospital Planned Development shall not be developed until a planned development (P-D) permit has been obtained pursuant to the provisions of Part IV, Article 10, Planned Development (P-D) Permit. (§3(16), Ord. 2243, eff. 9/7/24)

10-2.2.1604 Property Development Regulations.

The following schedule prescribes development regulations for the Hospital Planned Development District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
B. Minimum Lot Width		D(1)
C. Minimum Lot Frontage		D(1)
D. Minimum Lot Depth		D(1)
E. Minimum Setbacks
a. Front		D(1)
b. Side		D(1)
c. Corner Side		D(1)
d. Rear		D(1)
F. Maximum Height		D(2)
G. Maximum Floor Area Ratio
a. Core Area	.95 FAR
b. Outside the Core Area	.6 FAR
H. Maximum Lot Coverage		D(1)
I. Landscaping	See Part III, Article 11.	D(1)
J. Fences and Walls	See Sec. 10-2.3.104.
K. Antennas	See Sec. 10-2.3.120.
L. Non-Conforming Conditions	See Part III, Article 7.
M. Parking and Loading	See Part III, Article 2.
N. Signs	See Title 10, Chapter 8.
O. Preservation of Trees	See Title 3. Chapter 8
P. Hillside Performance Standards	See Part III, Article 4.
Q. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum lot area, lot width, lot frontage, lot depth, setback and landscaping requirements shall be determined in the approval of the Planned Development Permit.
D(2)	Refer to the Zoning Map.

(§2, Ord. 2037, eff. 12/17/04; §18, Ord. 2070, eff. 6/20/2008; §20, Ord. 2108, eff. 4/7/12)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1701 Purpose and Intent.

The purpose of the Planned Development District is to allow diversification in the relationship of various buildings, land uses, structures, and open spaces in order to be relieved from the rigid standards of conventional zoning. A Planned Development District shall comply with the regulations and provision of the General Plan and any applicable specific plan and shall provide adequate standards to promote the public, health, safety and general welfare without unduly inhibiting the advantages of modern building techniques and planning for residential or commercial purposes.

10-2.2.1702 Applicability.

The Planned Development District (P-D) may be applied to parcels of land of any size. Any such proposed development shall be in conformity with the General Plan and any applicable specific plan and the requirements of this chapter as they relate to land use designated in the General Plan.

10-2.2.1703 Initiation of Zone Change.

An application for a zoning amendment under this article may be initiated in accordance with (Part IV, Article 13. Amendments (Rezoning)) by the City Council, Planning Commission, or one or more of the property owners or the owner's authorized agent or lessee of the property involved.

10-2.2.1704 Planned Development Permit.

Approval of development within the Mixed Use Planned Development and High Density Residential Planned Development zoning districts shall be by planned development permit in accordance with (Part IV, Article 10. Planned Development Permits). A planned development permit is not required for development within a Planned Development (P-D) zoning district.

10-2.2.1705 Data Required.

In requesting approval of a zoning amendment to Planned Development, the applicant shall provide the Planning Commission and the Council with:

A. A complete proposed street and lot lay-out;

B. Elevations of all buildings proposed;

C. A contour map with five (5) foot intervals where the slope is five (5) percent or more and one foot intervals where the slope is less than five (5) percent;

D. Proposed use designations;

E. A comparison of anticipated differences between existing zoning ordinance standards and the proposed plan, where applicable; and

F. Such other data as required.

10-2.2.1706 Approval of Plans.

In considering approval of a zoning amendment to Planned Development, the Planning Commission and Council shall view the proposed development and its neighborhood as an entirety and its conformity to the General Plan and applicable Specific Plans. The Council may require that areas be set aside for school and recreational facilities to serve the development and its immediate neighborhood as provided in the General Plan. Approval of the proposed Planned Development zoning may be given if the spirit of this article and the General Plan are complied with and if the health, safety, welfare and general prosperity of the residents of the City will be served by such adjustment in land use districts in the terms of this article as may be required.

10-2.2.1707 Zoning.

Upon approval of such development, the area therein concerned shall be zoned Planned Development District, and the uses and the development standards thereof shall be as stated in such approval. Notwithstanding the foregoing, accessory dwelling units shall be permitted uses on any lot in any Planned Development District wherein single-family residential or multiple-family residential is either a permitted or conditionally permitted use, subject to the provisions of Part III, Article 5, Accessory Dwelling Units. Also notwithstanding the foregoing, a junior accessory dwelling unit shall be a permitted use on any lot in any Planned Development District wherein single-family residential is either a permitted or conditionally permitted use, subject to the provisions of Part III, Article 5, Accessory Dwelling Units. Also notwithstanding the foregoing, SB9 dwelling units and urban lot splits shall be permitted pursuant to Part III, Article 15, Qualified Senate Bill 9 Properties, on any lot in any Planned Development District where Single-Family Residential District (R) uses are the only allowed uses. Also notwithstanding the foregoing, the provisions of Part III, Article 17, Ministerial Reviews Pursuant to State Law, shall apply to projects and uses listed therein. (§8, Ord. 2188, eff. 3/8/19; §15, Ord. 2210, eff. 10/22/21; §9, Ord. 2234, eff. 11/17/23; §3(17), Ord. 2243, eff. 9/7/24)

10-2.2.1708 Grading.

The grading of land and maximum height of graded slopes shall be governed by provisions of Chapter 8, Title 9 of the Walnut Creek Municipal Code.

10-2.2.1709 Design Review Required.

Upon receipt of a request for P-D zoning or for the amendment of any existing P-D zoning, the following steps shall be followed:

A. A preliminary site plan of the development and architectural renderings together with any other data (see Part IV, Article 12. Design Review) required by the Community Development Director shall be submitted to the Planning Division.

B. The data obtained shall be submitted to the Design Review Commission for preliminary review of the site plan, landscaping, grading and building design. The Design Review Commission shall advise the Planning Commission in writing of any comments it desires to make and any changes to the site plan or building design which it deems appropriate as a result of its preliminary review.

C. Upon completion of the Design Review Commission's analysis, the planned development request shall be processed pursuant to the provisions of this article.

D. Upon completion of final zoning approval by the City Council, the approved development plan shall be referred to the Design Review Commission for processing pursuant to the provisions of (Part IV, Article 12. Design Review).

10-2.2.1710 Private Storage Space.

Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

10-2.2.1711 Building Height.

The maximum building height for commercial development in the Core Area is shown on the Building Height Zone Map. The maximum building height for all residential development, and commercial development outside the Core Area, shall be determined by the City Council, consistent with Measure A.

10-2.2.1712 Water Efficient Landscaping.

The provisions of Part III, Article 11 (Water Efficient Landscaping) shall apply to all Planned Development (P-D) Districts. In case of a conflict between the regulations contained within Part III, Article 11, and the regulations contained within a particular P-D District, the provisions which require the least amount of water for the purpose of landscape irrigation shall apply. (§21, Ord. 2108, eff. 4/7/12)

10-2.2.1713 Alcoholic Beverage Sales Ordinance.

The provisions of Part III, Article 12 (Alcoholic Beverage Sales Ordinance) shall apply to all Planned Development (P-D) Districts except P-D 1319, P-D 1437, and P-D 1483. In case of a conflict between the provisions contained within Part III, Article 12, and the provisions contained within a particular P-D District, the provision that is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in Part III, Article 12. (§44, Ord. 2109, eff. 6/15/12)

10-2.2.1714 Private Residential Outdoor Space.

Each new residential development shall conform to the provisions outlined in Section 10-2.3.126, Private Residential Outdoor Space. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1715 Courts.

Each new residential development shall conform to the provisions outlined in Section 10-2.3.127, Courts. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1716 Lighting.

Each new residential development shall conform to the provisions outlined in Section 10-2.3.128, Lighting. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1717 Compliance With Standards.

When a project that qualifies for ministerial or objective design review pursuant to Part IV, Article 12, Design Review, is proposed within a Planned Development Zone created prior to the effective date of the enabling ordinance for this section pursuant to the provisions of this title, it shall only be subject to objective development standards, policies, and regulations contained within the P-D zoning ordinance applicable to the project site and within the General Plan, and any additional objective development standards based on numeric measurements of any existing building envelope and form within the P-D zone applicable to the project site. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1718 Transfer of Duties.

Whenever any Planned Development Zone, created prior to the effective date of the enabling ordinance for this section, pursuant to the provisions of this title, contains a reference to the City Council as the Design Review Authority, such review shall be conducted by the Planning Commission pursuant to the provisions of Part IV, Article 12, Design Review. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1801 Purpose.

The purpose of the overlay zoning district is to allow for additional control on an individual lot or a group of lots that will supersede the requirements of the underlying zone.

The overlay zoning classification will primarily be used for the following reasons:

A. To allow for flexibility from the normal requirements of the underlaying zone;

B. To ensure the preservation of specific feature(s) subject to the site(s);

C. To ensure the preservation of the character of the area in proximity to the subject site(s).

10-2.2.1802 Regulations.

When the overlay zone is imposed, the City shall enact specific criteria and standards for the development of the lot or lots in question.

10-2.2.1803 Transfer of Duties.

Whenever any Overlay Zone, created prior to the effective date of the enabling ordinance for this section, pursuant to the provisions of this title, contains a reference to the City Council as the Design Review Authority, such review shall be conducted by the Planning Commission pursuant to the provisions of Part IV, Article 12, Design Review. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1901 Summary Table of Use Regulations.* Revised 4/25

In the following table, the letters in the "Use Regulation" columns are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations. (See individual zoning districts for specific limitations.)
U	=	A use permitted on approval of a Conditional Use Permit.
N	=	Not permitted.
*	Code reviser's note: Land use regulations for the MU-C and MU-R districts are provided in §§ 10-2.2.2102 and 10-2.2.2202 respectively.

LAND USE	ZONING DISTRICT USE REGULATIONS
LAND USE	R	D-3	M	M-H-D1	H-P-D1	P-R	C-R	O-C	M-U2	AS-CM	S-C	B-P	C-C	O-S-R	C-F	HO-PD1	SFH-PD11	MU-D
A. Residential Use Classifications
1. Adult Day Care Home	P	P	P	P	P	P	P	P	P	P	P	N	P	N	N	N	P	P
2. Congregate Living Facility	N	N	U	P	N	L	U	L	N	L	P	N	U	N	N	N	N	L
3. Family Day Care Home
a. Sml Fam Day Care Home	P	P	P	P	P	P	P	P	P	P	P	N	P	P	N	P	P	P
b. Lrg Fam Day Care Home	P	P	P	P	P	P	P	P	P	P	P	N	P	P	N	P	P	P
4. Group Residential	N	N	P	N	N	L	U	L	N	L	U	N	U	N	N	U	N	L
5. Multiple Family Residential	N	L	P	P	N	L	U	L	N	P	U	N	U	N	N	U	N	L
6. Residential Care Home	P	P	P	P	P	P	P	L	N	P	P	N	P	N	N	N	P	L
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	P	P	P	P	N	N	N	P	N	N	N	N	P	N	P	P	P
b. Junior Accessory Dwelling Unit	P	P	L	N	P	N	N	N	N	N	N	N	N	P	N	N	P	N
8. Single Family Residential	P	P	L	N	P	N	N	N	N	N	N	N	N	L	N	N	P	N
B. Commercial Use Classifications
1. Ambulance Services	N	N	N	N	N	N	P	N	N	N	U	N	U	N	N	U	N	N
2. Animal Sales and Service
a. Animal Hospital	N	N	N	N	N	N	L	L	N	N	P	N	L	N	N	N	N	L
b. Animal: Retail Sales and Grooming	N	N	N	N	N	P	P	L	P	N	P	N	P	N	N	N	N	P
c. Horse Stables	L	N	N	N	L	N	N	N	N	N	N	N	N	U	N	N	N	N
d. Kennel	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N	L
3. Artist Studio	N	N	N	N	N	L	L	L	L	N	P	P	L	N	N	N	N	P
4. Banks and Savings and Loans
a. Banks and Savings and Loans	N	N	L	N	N	L	P	U	L	N	L	L	L	N	N	N	N	P
(1) With Drive-up Service	N	N	N	N	N	N	P	L	N	N	N	N	U	N	N	N	N	N
(2) With Automated Teller Machine	N	N	L	L	N	L	P	U	L	N	N	L	L	N	N	N	N	P
5. Catering Services	N	N	N	N	N	L	L	L	N	L	P	L	L	N	N	N	N	L
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation			N					N	N									N
b. Commercial Cannabis Distribution			N					N	N									N
c. Commercial Cannabis Manufacturing			N					N		N								N
d. Commercial Cannabis Retail Dispensary			N					N		N								N
(1) With Cannabis Delivery			N					N		N								N
e. Non-Storefront Medical Cannabis Delivery-Only Operation			N					N		N								N
f. Non-Storefront Recreational Cannabis Delivery-Only Operation			N					N		N								N
g. Commercial Cannabis Testing Laboratory			N					N		N								N
7. Communication Facilities	N	N	N	N	N	L	L	L	L	L	P	P	L	N	N	N	N	L
8. Custom Manufacturing	N	N	N	N	N	L	L	N	L	L	P	N	L	N	N	N	N	L
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishment	N	N	L	L	N	P	P	L	L	P	P	L	P	L	L	L	N	L
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	N	N	L	L	N	P	P	L	L	L	P	L	P	L	L	L	N	L
(2) With Wine and Beer Service Ending After 11:00 p.m.			L					L		L								N
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	N	N	L	L	N	L	L	L	L	L	L	L	L	L	L	L	N	L
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.			L					L		L								N
(5) With Live Entertainment	N	N	N	N	N	L	L	P	N	P	L	N	L	L	L	N	N	N
(6) With Dancing	N	N	N	N	N	L	L	P	N	P	L	N	L	L	L	N	N	N
(7) With Take-out Service	N	N	L	L	N	L	P	L	L	P	P	L	L	N	N	N	N	L
(a) Drive-up	N	N	N	N	N	N	U	N	N	U	U	N	L	N	N	N	N	N
(8) With Permanent Outdoor Seating	N	N	L	L	N	L	L	L	N	L	L	L	L	L	N	L	N	L
(9) With Off-site Distribution	N	N	N	N	N	U	U	U	N	U	P	N	U	N	N	N	N	U
(a) Micro-brewery	N	N	L	L	N	U	U	U	N	U	P	N	U	N	N	N	N	U
10. Food and Beverage Sales
a. Food and Beverage Sales	N	N	L	L	N	L	P	L	N	N	P	N	P	N	N	N	N	L
b. Convenience Market	N	N	L	L	N	N	P	L	N	N	L	N	P	N	N	N	N	L
(1) With Gasoline Sales	N	N	N	N	N	N	U	N	N	N	U	N	U	N	N	N	N	N
c. Specialty Food Shops	N	N	L	L	N	L	P	L	P	L	P	L	P	N	N	N	N	L
(1) With Off-site Distribution	N	N	N	N	N	U	U	L	N	L	P	N	U	N	N	N	N	U
11. Funeral and Interment Services	N	N	N	N	N	N	L	N	N	N	L	N	L	N	N	N	N	N
12. Health Clubs	N	N	L	L	N	U	U	L	L	L	P	L	P	N	N	N	N	U
13. Home Improvement Sales and Service	N	N	N	N	N	L	L	N	N	N	P	N	L	N	N	N	N	L
14. Horticultural Establishment	N	N	N	N	N	N	N	N	N	N	P	N	N	N	N	N	N	N
15. Lumber and Building Material Yard	N	N	N	N	N	N	N	N	N	N	P	N	N	N	N	N	N	N
16. Maintenance and Repair Service/Small Equip	N	N	N	N	N	L	L	L	L	N	P	N	L	N	N	N	N	P
17. Mini Storage	N	N	N	N	N	N	N	N	N	N	P	U	N	N	N	N	N	N
18. Nursery	N	N	N	N	N	N	P	N	N	N	P	N	L	N	N	N	N	N
19. Offices, Business and Professional
a. Offices, Business and Professional	N	N	N	N	N	L	L	L	L	L	L	P	L	N	N	L	N	L
b. Offices, Medical	N	N	N	N	N	L	L	L	L	L	L	L	L	N	N	L	N	L
20. Parking, Commercial Facility	N	N	N	N	N	L	L	L	N	P	P	L	L	N	N	N	N	U
21. Pawn Shop	N	N	N	N	N	P	P	L	P	N	P	N	L	N	N	N	N	P
22. Personal Improvement Services	N	N	L	L	N	L	L	U	L	L	P	L	L	N	N	N	N	L
23. Personal Services	N	N	L	L	N	L	P	L	L	N	P	L	P	N	N	N	N	P
24. Recreation and Entertainment, Commercial
a. Within a Building	N	N	N	N	N	L	P	N	N	N	U	U	U	N	L	N	N	U
b. Outside a Building	L	N	N	N	L	N	N	N	N	N	U	N	N	L	L	N	N	N
25. Research and Development Services	N	N	N	N	N	N	U	L	N	N	P	P	N	N	N	L	N	N
26. Retail Sales/Rental	N	N	L	L	N	L	L	L	P	L	P	L	L	L	N	L	N	L
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	L
b. Automobile Sales/New and Used	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	L
c. Automobile Washing	N	N	N	N	N	N	U	N	N	L	U	N	U	N	N	N	N	N
d. Automobile Wrecking	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
e. Service Stations	N	N	N	N	N	L	U	L	N	L	U	N	U	N	N	N	N	N
(1) Automobile Washing	N	N	N	N	N	L	U	L	N	L	U	N	U	N	N	N	N	N
f. Vehicle/Equipment Repair	N	N	N	N	N	N	N	N	N	L	L	N	N	N	N	N	N	N
(1) Limited Vehicle Service	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	N
g. Vehicle/Equipment Sales and Rentals	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	L
h. Vehicle Storage	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N		N	N
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	U	U	N	N	U	P	L	N	N	P	N	U	N	N	N	U	L
b. Hotels	N	N	N	N	N	U	P	L	N	N	P	N	U	N	N	N	N	P
c. Motels	N	N	N	N	N	U	P	L	N	N	P	N	U	N	N	N	N	N
C. Industrial Use Classifications
1. General Industry	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
2. Limited Industry	N	N	N	N	N	N	N	N	N	N	U	L	N	N	N	N	N	N
3. Research Development Industry	N	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N
4. Wholesaling, Distribution and Storage	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N	N
D. Agricultural Use Classifications
1. Animal Husbandry	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
2. Crop Production	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
E. Community Facility Use Classifications
1. Adult Day Care Facility	U	U	U	U	N	L	U	L	N	U	U	U	U	N	U	N	U	L
2. Child Day Care Facility (Day Care Center)	U	U	U	U	L	U	U	L	N	U	U	U	U	N	U	N	U	L
3. Clubs and Lodges	N	L	U	N	N	N	U	L	N	N	U	N	N	N	N	N	N	L
4. College, Public or Private	U	U	U	N	P	N	U	L	N	N	N	U	N	N	U	N	N	L
5. Cultural Institutions
a. Cultural Institutions	U	U	U	N	N	P	U	U	N	N	P	U	U	P	U	N	N	P
b. Natural History/Science Museum	U	U	U	N	N	P	U	U	N	N	P	U	N	P	U	N	N	P
6. Emergency Medical Care	N	N	N	N	N	N	U	L	N	N	U	N	U	N	N	N	N	N
7. Government Offices	N	N	N	N	N	P	P	L	P	L	P	P	P	N	U	N	N	L
8. Hazardous Waste Management Facility	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
9. Heliports	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	L	N	N
10. Hospitals
a. Acute Care	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	P	N	N
b. Other	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	P	N	N
11. Housing for the Homeless/Emergency Shelters	N	N	L	N	N	U	L	U	N	L	N	N	L	N	U	N	N	U
12. Maintenance and Service Facilities	N	N	N	N	N	N	N	N	N	N	U	N	N	N	U	N	N	N
13. Park and Recreation Facilities	L	L	P	P	P	P	P	L	N	P	P	U	P	P	U	N	L	L
14. Public Parking Facilities	N	N	N	N	N	P	P	P	N	P	P	P	P	N	U	N	N	P
15. Public Safety Facilities	U	N	U	U	N	P	P	P	P	P	P	P	P	N	U	N	U	P
16. Public Transit Terminals	N	N	N	N	N	N	N	N	N	N	N	L	N	N	U	N	N	N
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
(2) Small Collection Facility	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
(3) Large Collection Facility	N	N	N	N	N	N	N	N	N	U	U	N	N	N	N	N	N	N
b. Processing Facility	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N	N	N
18. Religious Assembly	U	U	U	N	P	U	U	U	N	N	N	N	U	N	N	N	U	L
19. Residential Care Facility	L	L	U	U	N	N	U	L	N	N	N	N	N	N	N	U	L	L
20. Schools, Public or Private	U	U	U	N	P	N	U	L	N	N	N	N	N	N	U	N	U	L
21. Skilled Nursing Facilities	N	U	U	N	N	N	U	L	N	N	N	N	N	N	N	P	N	L
22. Utilities, Major	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	N	L
23. Utilities, Minor	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
F. Accessory Uses
1. Accessory Living Quarters	L	L	L	N	L	N	N	N	N	N	N	N	N	N	N	N	L	N
2. Accessory Structure	L	L	L	L	L	L	L	L	L	L	L	L	L	N	N	L	L	L
3. Accessory Uses	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
a. Garage Sales	P	P	P	P	P	N	N	N	N	N	N	N	N	N	N	N	P	N
b. Home Occupations	L	L	L	L	L	L	L	L	L	L	L	N	L	N	N	N	L	L
c. Personal Cannabis Cultivation			L					L		N								L
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L	L	L	L	L	L	L	L	N	L	L	L	L	L	L	N	L	L
2. Christmas Tree Sales	L	L	L	N	N	L	L	L	N	L	L	L	L	L	L	N	L	L
3. Civic/Community Events	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
4. Farmers Markets	L	L	L	N	N	L	L	L	N	L	L	L	L	L	L	N	L	L
5. Live Entertainment Events	L	L	L	L	L	L	L	L	N	L	L	L	L	L	L	N	L	L
6. Outdoor Seating/Eating and Drinking Establishment	N	N	N	N	N	L	L	L	N	L	L	L	L	N	N	N	N	L
7. Pumpkin Sales	L	L	L	N	N	L	L	L	N	L	L	L	L	L	L	N	L	L
8. Retail Sales, Outdoor	N	N	N	N	N	L	L	L	L	L	L	L	L	N	N	N	N	L
9. Swap Meets, Non-Recurring	L	L	L	N	L	L	L	L	N	L	L	L	L	N	N	N	N	L
10. Swap Meets, Recurring	N	N	N	N	N	L	L	L	N	L	L	L	L	N	N	N	L	L
11. Street Fairs	N	N	N	N	N	L	L	L	N	L	L	L	L	N	L	N	N	L
12. Vendor Carts	N	N	N	N	N	L	L	L	N	L	L	L	L	L	L	N	N	L

1. No use shall be permitted except in accord with a valid Planned Development Permit.

2. Interim uses (in existing buildings which do not have an approved P-D Permit) will be allowed as outlined in the Use Regulations Table. See Sec. 10-2.2.903. Interim Uses.

(§22, Ord. 2129, eff. 7/3/14; §2, Ord. 2138, eff. 1/15/2015; §9, Ord. 2161*, eff. 1/19/17; §10, Ord. 2188, eff. 3/8/19; §11, Ord. 2194, eff. 6/7/19; §14, Ord. 2200, eff. 12/6/19; §20, Ord. 2210, eff. 10/22/21; §3(2), Ord. 2248, eff. 2/21/25)

*Code reviser's note: Section 9 of Ord. 2161, adding the MU-C and MU-R districts to the land use summary table, has not been codified pending determination by the City.

LAND USE

ZONING DISTRICT USE REGULATIONS

D-3

M-H-D1

H-P-D1

P-R

C-R

O-C

M-U2

AS-CM

S-C

B-P

C-C

O-S-R

C-F

HO-PD1

SFH-PD11

MU-D

10-2.2.2001 Purpose and Intent.

The purpose of this Planned Development District is to ensure that future development in this area will be compatible with the existing single-family, detached neighborhood and not exacerbate existing traffic, parking and off-site drainage conditions. The intent is to allow the development of higher density, single-family homes on smaller lots at a density of 6 to 9 dwelling units per net acre while preserving the single-family character of the existing homes. Maximum effort should be made to aggregate as many parcels as possible, to share vehicular access, and to minimize the number of streets intersecting with First Avenue or Hall Lane. (§1, Ord. 1908, eff. 10/16/97)

10-2.2.2002 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)(J)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential
5. Multiple-Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single-Family Residential	P
9. Supportive Housing	L(10)
10. Transitional Housing	L(10)
B. Commercial Use Classifications
1. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
2. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
C. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Park and Recreation Facilities	L(2)
4. Public Safety Facilities	U
5. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(3)	(F)
(2) Small Collection Facility	L(3)	(F)
6. Religious Assembly	U
7. Residential Care Facility	L(4)
8. Schools, Public or Private	U
9. Utilities, Minor	P
D. Accessory Uses
1. Accessory Living Quarters	L(5)
2. Accessory Structure	L(6)	(A)
3. Accessory Uses	L(7)
a. Garage Sales	P
b. Home Occupations	L(7)	(B)
c. Personal Cannabis Cultivation	L(9)	(H)
E. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(8)
2. Christmas Tree Sales	L(8)
3. Civic/Community Events	L(8)
4. Farmers Markets	L(8)
5. Live Entertainment Events	L(8)
6. Pumpkin Sales	L(8)
7. Swap Meets, Non-Recurring	L(8)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Private neighborhood swim centers, owned and operated by and for the residents of the neighborhood in which such uses are located, are permitted upon approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(3)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. For the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(4)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2. Off-site Parking and Loading Regulations. shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as required for the Residential Use Classifications in Sec. 10-2.2.103.
L(5)	Accessory living quarters, as defined in Part I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(6)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(7)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(8)	Permitted in private country clubs and golf courses, neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(9)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(10)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.103. Accessory Structures.
(B)	See Sec. 10-2.3.107. Home Occupations.
(C)	See Sec. 10-2.3.108. Animals.
(D)	See Part III, Article 6. Child Day Care Facilities.
(E)	See Sec. 10-2.3.109. Bed and Breakfast Inns.
(F)	See Part III, Article 7. Recycling Facilities
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 15. Qualified Senate Bill 9 Properties.

(§1, Ord. 1908, eff. 10/16/97; §21, Ord. 2129, eff. 7/3/14; §§7(1), (39)—(41), Ord. 2183, eff. 9/8/18; §9, Ord. 2188, eff. 3/8/19; §16, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §10, Ord. 2234, eff. 11/17/23; §3(18), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.2003 Property Development Regulations.

The following schedule prescribes development regulations for this Planned Development Zoning District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Letters in parentheses refer to the "Additional Development Regulations" following the schedule.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	4,840 sq ft	D(1), D(2), D(3), D(5), D(6)
B. Minimum Lot Width	50 feet	D(1), D(2), D(3), D(5), D(6), D(10)
C. Minimum Lot Frontage	50 feet	D(1), D(2), D(3), D(4), D(5), D(6), D(10)
D. Minimum Setbacks		D(1),D(2), D(3), D(4), D(5), D(6)
1. Front	20 feet for driveway approach; 18 feet for remainder of the structure, exclusive of open porches	D(6)
2. Side	0 feet	D(6)
3. Corner Side	15 feet	D(6), D(7)
4. Rear	15 feet	D(6)
E. Maximum Height	25 feet; 2 stories
F. Density	6 to 9 du/net acre
G. Maximum Lot Coverage	50%	D(6)
H. Maximum Floor Area Ratio/per unit (including garage)	.55	D(6)
I. Minimum Distance Between Main Structures	10 feet
J. Placement of Mailboxes		D(8)
K. Temporary Tract Offices	See Sec. 10-2.3.113.
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Recycling Facilities	See Part III, Article 7.
P. Parking and Loading	See Part III, Article 2 2 covered, off-street parking spaces	D(11)
Minimum Distance between curb cuts	22 feet; except at the radius end of a cul-de-sac
Q. Signs	See Title 10. Chapter 8
R. Preservation of Trees	See Title 3. Chapter 8.
S. Hillside Performance Standards	See Part III, Article 4.
T. Design Review		D(9)
U. Stormwater Control	See Title 9, Chapter 16
V. Landscaping	See Part III, Article 11.

(§1, Ord. 1908, eff. 10/16/97; §2, Ord. 2037, eff. 12/17/04; §22, Ord. 2108, eff. 4/7/12)

10-2.2.2004 Additional Property Development Regulations.

1. The main entry feature (which shall not be the garage door) must be prominently placed on the elevation facing the street.

2. Driveways shall be constructed of an alternate paving surface such as stamped/colored concrete, interlocking pavers, etc., to provide variety when a large portion of the front elevation of such projects is devoted to driveways and entry walkways.

3. Repetitive streetscape appearance shall be avoided by providing variations between the front elevations and through the landscaping plans.

4. Initial landscaping shall be submitted and approved as part of the Design Review approval process.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	For development of uses (other than Residential Care Facilities) within the Community Facility Use Classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit. The development regulations for a Residential Care Facility shall be the same as required for the Residential Use Classifications.
D(2)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(3)	In the event that more than one half of the front lot line is a concave curve, the minimum lot frontage shall be not less than one half of the required lot width, and the actual width of the lot measured at the rear line of the required front yard shall be not less than 80% of the required lot width.
D(4)	See Sec. 10-2.3.102. Yards, Setbacks and Open Areas.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	Property Development Standards for single family homes on lots larger than 7,260 square feet are as follows:
	Property North of Geary Road
	Lot Width and Frontage	80 feet
	Lot Depth	100 feet
	Front yard	20 feet
	Side yards	Interior - Sum of both side yards must be 15 feet
	Corner - If corner lot abuts the sides of two interior lots, same as required front yard
	Rear yard	10 feet
	Maximum Lot Coverage	35%
	Property South of Geary Road
	Lot Width and Frontage	75 feet
	Lot Depth	95 feet
	Front yard	20 feet
	Side yards	Interior - Sum of both side yards must be 15 feet
	Corner - If corner lot abuts the sides of two interior lots, same as required front yard
	Rear yard	10 feet
	Maximum Lot Coverage	40%
D(7)	The side yard on the street side of a reversed corner lot shall be not less than the required front yard in the district in which such lot is located.
D(8)	No mailbox shall be placed within the minimum required depth of the front yard in the sidewalk area between the curb and property line unless the regulations of the U.S. Postal Service specifically mandate such placement. The Chief of Code Enforcement may grant an exception to the above restriction upon request by the applicant wherein special circumstances applicable to the property such as size, shape, or location of buildings justify the exception.
D(9)	Design Review - Except for those single-family dwellings and accessory structures exempted from the provisions of this notice, no new building shall be constructed or moved onto any building site, nor shall any existing nonresidential building be enlarged, remodeled or otherwise altered on the exterior, nor shall any landscaping previously required pursuant to any permit be altered, nor shall any parking layout or dimension be altered until the design plan and site plan have received design review approval pursuant to Part IV, Article 12, Design Review. The Design Review Authority, in determining the appropriateness of the design of proposed projects subject to Discretionary Design Review pursuant to Part IV, Article 12, Design Review, shall take into consideration: a. The ability of the project to retain single-family character by reducing building masses, and maximizing compatibility to the site and with adjacent uses; and b. Adequacy of open space areas, landscaped areas, and the buffering of adjacent uses.
D(10)	The Planning Commission may decrease the minimum lot width or minimum lot frontage provided that findings can be made for adequate on-street parking for at least one parking space per unit, exclusive of required parking.
D(11)	One on-street parking space shall be available for each dwelling unit, exclusive of required parking. These spaces can be provided on public roadways in front of or behind the dwelling units, or in small parking lots scattered throughout the site.

(§1, Ord. 1908, eff. 10/16/97; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.2101 Purpose and Intent.

The purpose of the Commercial Mixed Use District is to encourage the development of a combination of medium- to high-intensity commercial and residential uses within the Core Area. Development in the Commercial Mixed Use District is intended to be pedestrian-oriented, generally close to the street, and vertical in nature; typically with structured parking. Restaurant and retail uses are encouraged on the ground floor, while office and residential uses are appropriate on upper floors. The Commercial Mixed Use District is intended to be primarily commercial in nature, with the option for including a residential component as an integral part of commercially oriented mixed use developments. (§5, Ord. 2158, eff. 11/18/16)

10-2.2.2102 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(E)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	L(1)
5. Multiple Family Residential	L(1)
6. Residential Care Home	L(1)
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(N)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(24), L(25)
10. Transitional Housing	L(24)
B. Commercial Use Classifications		(G)
1. Ambulance Services
2. Animal Sales and Services
a. Animal Hospital/Veterinary Services	L(3)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennels	L(3)
3. Artist Studios	L(4)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(5)
(1) With Drive-up Services
(2) With Automated Teller Machines	P
5. Catering Services	L(6)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(7)
8. Custom Manufacturing	L(7)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(8)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(9)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(10)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(9)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(10)
(5) With Live Entertainment	L(11)	(H)
(6) With Dancing	L(11)	(H)
(7) With Take-out Services	L(8)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(12)
(9) With Off-site Distribution	U	(I)
(a) Micro-breweries	U	(I)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(13)
b. Convenience Markets	L(13)
(1) With Gasoline Sales
c. Specialty Food Shops	L(13)
(1) With Off-site Distribution	U	(I)
11. Funeral and Interment Services
12. Health Clubs	U
13. Home Improvement Sales and Services	L(3)
14. Horticultural Establishments
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	L(4)
17. Mini Storage
18. Nurseries
19. Offices, Business and Professional
a. Offices, Business and Professional	L(5)
(1) Offices, Medical	L(7)
20. Parking, Commercial Facilities	U	(J)
21. Pawn Shops	P
22. Personal Improvement Services	L(14)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outdoor Facilities
25. Research and Development Services
26. Retail Sales/Rentals	L(13)
27. Vehicle/Equipment Sales and Services
a. Automobile Rental and Leasing	L(3)
b. Automobile Sales/New and Used	L(3)
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) With Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals	L(3)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	L(1)
b. Hotels	P
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facilities	L(1)
2. Child Day Care Facilities (Day Care Center)	L(1)	(F)
3. Clubs and Lodges	L(1)
4. Colleges, Public or Private	L(1)
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museums	P
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(7)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(O)
12. Low Barrier Navigation Center	L(26)	(O)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(15)	(K)
(2) Small Collection Facilities	L(15)	(K)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(4)
20. Residential Care Facilities	L(16)
21. Schools, Public or Private	L(1)
22. Skilled Nursing Facilities	L(1)
23. Utilities, Major	L(17)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(18)
3. Accessory Use	L(19)
a. Garage Sales
b. Home Occupations	L(20)	(L)
c. Personal Cannabis Cultivation	L(23)	(M)
G. Temporary Uses		(G)
1. Arts and Crafts Shows, Outdoor	L(21)
2. Christmas Tree Sales	L(21)
3. Civic/Community Events	L(21)
4. Farmers Markets	L(21)
5. Live Entertainment Events	L(21)
6. Outdoor Seating for Eating and Drinking Establishments	L(12)
7. Pumpkin Sales	L(21)
8. Retail Sales, Outdoor	L(21)
9. Street Fairs	L(21)
10. Swap Meets, Non-Recurring	L(21)
11. Swap Meets, Recurring	L(21)
12. Vendor-Carts	L(22)

USE REGULATIONS
L(1)	Permitted on floors above the ground floor of a multi-story building; conditionally permitted on the ground floor of a multi-story building when located more than fifty (50) feet from the street line of a Core Area Retail Street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area Retail Street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width. Consistent with the General Plan, commercial uses shall occupy at least fifty percent (50%) of the gross floor area of the ground floor, excluding parking.
L(2)	Repealed by Ord. 2248.
L(3)	Conditionally permitted on floors above the ground floor of a completely enclosed multistory building; conditionally permitted on the ground floor of a completely enclosed multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(4)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use is compatible with active pedestrian activity on the adjacent public right-of-way; b) The proposed use is compatible with retail uses. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(5)	Businesses whose primary activities involve walk-in customer visits (including but not limited to retail banks and savings and loans; maintenance and repair service centers for small equipment; document preparation centers; real estate agencies; and public offices for title companies, mortgage brokers, stock brokers, and financial advisors) are permitted on the ground floor of a multistory building when located west of North/South California Boulevard; otherwise permitted subject to L(4) above.
L(6)	Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review, as an accessory use associated with food and beverage sales or an eating and/or drinking establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops; otherwise not permitted. In granting design review approval, the Design Review Commission Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area, including that resulting from garbage pickup.
L(7)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(8)	Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area, including that resulting from garbage pickup.
L(9)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(10)	Not permitted if located within 600 feet of the boundary of any school (as defined in Part I, Article 4, Use Classifications) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(11)	Conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) Suitable design features and operating measures have been incorporated into the project to mitigate the impact of objectionable noise on existing or future residential uses in the surrounding area; b) Design features have been incorporated into the project to adequately handle customer queuing.
L(12)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(13)	Facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use will not cause adverse noise, odor, and litter impacts. b) The proposed use (including hours of operation) will be compatible with existing or future residential uses in the surrounding area.
L(14)	Business and trade schools, driving schools, and other similar uses are permitted subject to L(4) above. Fine arts, crafts, dance or music studios, exercise or aerobic studios, diet centers, and other similar uses are permitted subject to L(5) above.
L(15)	Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.
L(16)	Permitted on floors above the ground floor of a multistory building if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2, Off-Street Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as is required for Residential Use Classifications by Section 10-2.2.2103. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten (10) percent of the gross floor area of the ground floor, nor more than ten (10) percent of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(17)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(18)	Accessory structures are permitted subject to Section 10-2.2.2103, Property Development Regulations.
L(19)	See the use regulations for the primary use classification.
L(20)	Home Occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.
L(21)	Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.
L(22)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.
L(23)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(24)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(25)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(26)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Structures.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 9, Inclusionary Housing.
(E)	See Part III, Article 10, Density Bonus Ordinance.
(F)	See Part III, Article 6, Child Day Care Facilities.
(G)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.
(H)	See Municipal Code, Title 4, Chapter 11, Public Dance Permits.
(I)	See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(J)	See Part III, Article 2, Off-Street Parking and Loading Regulations.
(K)	See Part III, Article 7, Recycling Facilities.
(L)	See Section 10-2.3.107, Home Occupations.
(M)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(N)	See Part III, Article 5. Accessory Dwelling Units.
(O)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§5, Ord. 2158, eff. 11/18/16; §5, Ord. 2161, eff. 1/19/17; §§7(1), (42)—(44), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §17, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3(19), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.2103 Property Development Regulations.

The following schedule prescribes development regulations for the Commercial Mixed Use District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.
B. Minimum Lot Width	80 feet
C. Minimum Lot Frontage	80 feet
D. Minimum Lot Depth	100 feet	D(1)
E. Minimum Setbacks		D(2) D(3)
1. Front		D(4)
2. Side		D(5)
3. Corner Side		D(4)
4. Rear		D(5)
F. Maximum Height		D(6)
G. Density		D(15)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Minimum Floor Area Ratio		D(16)
K. Minimum Ground Floor Height		D(8)
L. Minimum Ground Floor Depth		D(9)
M. Courts	See Sec. 10-2.3.127.
N. Design Review	See Section 10‑2.4.1202.	D(10)
O. Landscaping	See Part III, Article 11.	D(11)
P. Storage Space for Residential Units		D(12)
Q. Fences and Walls	See Section 10-2.3.104.
R. Antennas	See Section 10-2.3.120.
S. Nonconforming Conditions	See Part III, Article 3.
T. Elevators	See Section 10-2.3.124.
U. Recycling Facilities	See Part III, Article 7.
V. Parking and Loading	See Part III, Article 2.	D(13) D(14)
W. Signs	See Title 10, Chapter 8.
X. Preservation of Trees	See Title 3, Chapter 8.
Y. Hillside Performance Standards	See Part III, Article 4.
Z. Stormwater Control	See Title 9, Chapter 16.
AA. Private Residential Outdoor Space	See Section 10-2.3.126.
BB. Lighting	See Section 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for future street line setbacks.
D(4)	Minimum front and corner side setbacks shall be provided as follows: a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following: 1) On Core Area retail streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot-wide unobstructed pedestrian path of travel; 2) On other than Core Area retail streets, a setback sufficient to provide a minimum ten (10)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot-wide unobstructed pedestrian path of travel; 3) As specified by the General Plan or an applicable specific plan. b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.
D(5)	None required except as follows: a) For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.
D(6)	Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: Refer to the Zoning Map.
D(7)	Within the plan area boundaries of the West Downtown Specific Plan: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council, as identified by the Community Benefits Program, may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: The maximum floor area ratio shall be 1.5 unless otherwise specified in Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios) and Figure 9 (Mixed Use Floor Area Ratios) of the General Plan, or in an applicable specific plan. Notwithstanding the foregoing, the floor area ratio shall not exceed 1.0 on properties with a net lot area less than ten thousand (10,000) square feet.
D(8)	The ground floor height for all portions of a building located within fifty (50) feet of a street line, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet.
D(9)	The minimum depth of all ground floor tenant spaces abutting the street shall be the lesser of the following: a) Fifty (50) feet; or b) Ten (10) feet less than the lot depth. This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line.
D(10)	For new buildings or additions which include ground floor area intended uses other than those described in Section 10-2.1.403(A), Residential Use Classifications, in granting design review approval the Design Review Authority pursuant to Part IV, Article 12, Design Review, shall find that adequate ventilation features (such as internal vertical chases to the roof) are provided in order to accommodate restaurants and other similar uses in the future.
D(11)	A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. For ground-floor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped. ii. For all other ground floor uses, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(12)	Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(13)	Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses by means of signs, gates, barriers, and/or markings.
D(14)	No surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.
D(15)	Within the plan area boundaries of the West Downtown Specific Plan: The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area, upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Within the plan area boundaries of the North Downtown Specific Plan: The maximum density is one (1) dwelling unit per eight hundred seventy-five (875) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per six hundred seventy-five (675) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: The maximum density is one (1) dwelling unit per eight hundred seventy-five (875) square feet of net lot area.
D(16)	Within the plan area boundaries of the West Downtown Specific Plan: Minimum FAR is 1.0. Outside of the plan area boundaries of the West Downtown Specific Plan: No minimum.

(§5, Ord. 2158, eff. 11/18/16; §6, Ord. 2161, eff. 1/19/17; §9, Ord. 2194, eff. 6/7/19; §12, Ord. 2200, eff. 12/6/19; §10, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.2201 Purpose and Intent.

The purpose of the Residential Mixed Use District is to encourage the development of a combination of medium- to high-intensity residential uses and limited commercial uses within the Core Area. Development in the Residential Mixed Use District is intended to be pedestrian-oriented, generally close to the street, and vertical in nature; typically with structured parking. Residential uses are encouraged on all floors, while restaurant and retail uses and the non-residential components of multifamily developments (leasing offices, community rooms, exercise facilities, etc.) are appropriate on the ground floor. The Residential Mixed Use District is intended to be primarily residential in nature, with the option for including a commercial component on the ground floor street frontage of residentially oriented mixed use developments. (§7, Ord. 2158, eff. 11/18/16)

10-2.2.2202 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(E)
1. Adult Day Care Home	P
2. Congregate Living Facility	P
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	P
5. Multiple Family Residential	P
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(O)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(19), L(20)
10. Transitional Housing	L(19)
B. Commercial Use Classifications		(G)(H)
1. Ambulance Services
2. Animal Sales and Services
a. Animal Hospital/Veterinary Services	L(2)
b. Animal: Retail Sales and Grooming	L(3)
c. Horse Stables
d. Kennels
3. Artist Studios	L(4)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(4)
(1) With Drive-up Services
(2) With Automated Teller Machines	L(3)
5. Catering Services	L(6)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(4)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(6)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(7)
(2) With Wine and Beer Service Ending After 11:00 p.m.
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(7)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Services	L(6)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(8)
(9) With Off-site Distribution	U	(J)
(a) Micro-breweries	U	(J)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(9)
b. Convenience Markets	L(9)
(1) With Gasoline Sales
c. Specialty Food Shops	L(9)
(1) With Off-site Distribution	U	(J)
11. Funeral and Interment Services
12. Health Clubs	L(2)
13. Home Improvement Sales and Services	L(2)
14. Horticultural Establishments
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	L(3)
17. Mini Storage
18. Nurseries
19. Offices, Business and Professional
a. Offices, Business and Professional	L(4)
(1) Offices, Medical	L(4)
20. Parking, Commercial Facilities
21. Pawn Shops	L(3)
22. Personal Improvement Services	L(3)
23. Personal Services	L(4)
24. Recreation and Entertainment, Commercial
a. Within a Building	L(2)
b. Outdoor Facilities
25. Research and Development Services
26. Retail Sales/Rentals	L(4)
27. Vehicle/Equipment Sales and Services
a. Automobile Rental and Leasing	L(3)
b. Automobile Sales/New and Used	L(3)
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) With Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals	L(3)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U
b. Hotels	L(4)
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications		(G)
1. Adult Day Care Facilities	L(4)
2. Child Day Care Facilities (Day Care Center)	L(4)	(F)
3. Clubs and Lodges	L(4)
4. Colleges, Public or Private	L(4)
5. Cultural Institutions
a. Cultural Institutions	L(4)
b. Natural History/Science Museums	L(4)
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(4)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U
12. Low Barrier Navigation Center	L(21)	(P)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	U
16. Public Safety Facilities	L(4)
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(10)	(L)
(2) Small Collection Facilities	L(10)	(L)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(4)
20. Residential Care Facilities	L(11)
21. Schools, Public or Private	L(4)
22. Skilled Nursing Facilities	L(4)
23. Utilities, Major	L(12)
24. Utilities, Minor	P
F. Accessory Uses		(G)
1. Accessory Living Quarters
2. Accessory Structure	L(13)
3. Accessory Use	L(14)
a. Garage Sales
b. Home Occupations	L(15)	(M)
c. Personal Cannabis Cultivation	L(18)	(N)
G. Temporary Uses		(G)(H)
1. Arts and Crafts Shows, Outdoor	L(16)
2. Christmas Tree Sales	L(16)
3. Civic/Community Events	L(16)
4. Farmers Markets	L(16)
5. Live Entertainment Events	L(16)
6. Outdoor Seating for Eating and Drinking Establishments	L(12)
7. Pumpkin Sales	L(16)
8. Retail Sales, Outdoor	L(16)
9. Street Fairs	L(16)
10. Swap Meets, Non-Recurring	L(16)
11. Swap Meets, Recurring	L(16)
12. Vendor-Carts	L(17)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Conditionally permitted on the ground floor of a completely enclosed multistory building; otherwise not permitted.
L(3)	Permitted on the ground floor of a multistory building; otherwise not permitted.
L(4)	Permitted on the ground floor of a multistory building; conditionally permitted on the floors above the ground floor of a multistory building. In approving a Conditional Use Permit, the Planning Commission shall find that the proposed use is compatible with residential uses in the same building, and will not negatively impact existing or future residential uses in the same building or surrounding area with respect to noise, odor, traffic, privacy, or other factors.
L(5)	Permitted on the ground floor of a multistory building subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review, as an accessory use associated with Food and Beverage Sales or an Eating and/or Drinking Establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops; otherwise not permitted. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(6)	Permitted on the ground floor of a multistory building subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review; otherwise not permitted. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(7)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(8)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(9)	Permitted on the ground floor of a multistory building except that facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise not permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use will not cause adverse noise, odor, and litter impacts. b) The proposed use (including hours of operation) will be compatible with existing or future residential uses in the surrounding area.
L(10)	Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.
L(11)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2, Off-Street Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as is required for Residential Use Classifications by Section 10-2.2.2203.
L(12)	Electrical substations, above-ground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(13)	Accessory structures are permitted subject to Section 10-2.2.2203, Property Development Regulations.
L(14)	See the use regulations for the primary use classification.
L(15)	Home Occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.
L(16)	Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.
L(17)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.
L(18)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(19)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(20)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(21)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Structures.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 9, Inclusionary Housing.
(E)	See Part III, Article 10, Density Bonus Ordinance.
(F)	See Part III, Article 6, Child Day Care Facilities.
(G)	Consistent with the General Plan, residential uses must be the primary use.
(H)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.
(I)	See Municipal Code, Title 4, Chapter 11, Public Dance Permits.
(J)	See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(K)	See Part III, Article 2, Off-Street Parking and Loading Regulations.
(L)	See Part III, Article 7, Recycling Facilities.
(M)	See Section 10-2.3.107, Home Occupations.
(N)	See Part III, Article 14, Personal and Commercial Cannabis Activities.
(O)	See Part III, Article 5, Accessory Dwelling Units.
(P)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§7, Ord. 2158, eff. 11/18/16; §7, Ord. 2161, eff. 1/19/17; §§7(1), (45)—(47), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §18, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3(20), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.2203 Property Development Regulations.

The following schedule prescribes development regulations for the Residential Mixed Use District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulations column is blank, the development regulation is then outlined in the "Additional Regulations" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.
B. Minimum Lot Width	80 feet
C. Minimum Lot Frontage	80 feet
D. Minimum Lot Depth	100 feet	D(1)
E. Minimum Setbacks		D(2) D(3)
1. Front		D(4)
2. Side		D(5)
3. Corner Side		D(4)
4. Rear		D(5)
F. Maximum Height		D(6)
G. Density	1 dwelling unit per 425 sq. ft. of net lot area
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Minimum Ground Floor Height		D(8)
K. Minimum Ground Floor Depth		D(9)
L. Courts	See Section 10-2.3.127.
M. Design Review	See Section 10‑2.4.1202.	D(10)
N. Landscaping	See Part III, Article 11.	D(11)
O. Storage Space for Residential Units		D(12)
P. Fences and Walls	See Section 10-2.3.104.
Q. Antennas	See Section 10-2.3.120.
R. Non-Conforming Conditions	See Part III, Article 3.
S. Elevators	See Section 10-2.3.124.
T. Recycling Facilities	See Part III, Article 7.
U. Parking and Loading	See Part III, Article 2.	D(13) D(14)
V. Signs	See Title 10, Chapter 8.
W. Preservation of Trees	See Title 3, Chapter 8.
X. Hillside Performance Standards	See Part III, Article 4.
Y. Stormwater Control	See Title 9, Chapter 16.

	ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot having a depth of less than 100 feet may be developed pursuant to all provisions of this chapter.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.
D(4)	Minimum front and corner side setbacks shall be provided as follows: a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following: 1) On Core Area Retail Streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot wide unobstructed pedestrian path of travel; 2) On other than Core Area Retail Streets, a setback sufficient to provide a minimum ten (10)-foot wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot wide unobstructed pedestrian path of travel; 3) As specified by the General Plan or an applicable Specific Plan. b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.
D(5)	None required except as follows: a) For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(7)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: The maximum floor area ratio shall be as specified in Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios) and Figure 9 (Mixed Use Floor Area Ratios) of the General Plan, or in an applicable specific plan. Notwithstanding the foregoing, the floor area ratio shall not exceed 1.0 on properties with a net lot area less than ten thousand (10,000) square feet.
D(8)	The ground floor height, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of 18 feet for all uses other than those described in Section 10-2.1.403(A), Residential Use Classifications; otherwise 12 feet.
D(9)	The minimum depth of all ground floor tenant spaces abutting the street for all uses other than those described in Section 10-2.1.403(A), Residential Use Classifications, shall be the lesser of the following: a) Fifty feet; or b) Ten feet less than the lot depth This requirement shall not apply to uses described in Section 10-2.1.403(A), Residential Use Classifications.
	Notwithstanding the foregoing, the Design Review Commission may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specified above. In granting Design Review approval, the Design Review Commission shall find that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.
D(10)	For new buildings or additions which include ground floor area intended uses other than those described in Section 10-2.1.403(A), Residential Use Classifications, in granting design review approval the Design Review Authority pursuant to Part IV, Article 12, Design Review, shall find that adequate ventilation features (such as internal vertical chases to the roof) are provided in order to accommodate restaurants and other similar uses in the future.
D(11)	A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. For ground-floor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped. ii. For all other ground floor uses, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(12)	Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(13)	Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses in a manner approved by the Transportation Administrator by means of signs, gates, barriers, and/or markings.
D(14)	No surface, ground level, or above ground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area Retail Street.

(§7, Ord. 2158, eff. 11/18/16; §8, Ord. 2161, eff. 1/19/17; §13, Ord. 2200, eff. 12/6/19; §11, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.2301 Purpose and Intent.

The purpose of the Downtown Mixed Use District is to encourage the development of a combination of medium- to high-intensity commercial and residential uses within the Core Area. Development in the Downtown Mixed Use District is intended to be pedestrian oriented, generally close to the street, and vertical in nature, typically with structured parking. Residential, commercial, and community uses are appropriate, either alone or in mixed use developments. Restaurant, retail, and personal service uses are encouraged where feasible on the ground floor, but are not required except along Core Area retail streets. (§10, Ord. 2194, eff. 6/7/19)

10-2.2.2302 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(E)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	L(1)
5. Multiple Family Residential	L(1)
6. Residential Care Home	L(1)
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(M)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(18), L(19)
10. Transitional Housing	L(18)
B. Commercial Use Classifications		(G)
1. Ambulance Services
2. Animal Sales and Services
a. Animal Hospital/Veterinary Services	L(3)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennels	L(3)
3. Artist Studios	P
4. Banks and Savings and Loans
a. Banks and Savings and Loans	P
(1) With Drive-up Services
(2) With Automated Teller Machines	P
5. Catering Services	L(4)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Non-Storefront Medical Cannabis Delivery-Only Operation
f. Non-Storefront Recreational Cannabis Delivery-Only Operation
g. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(1)
8. Custom Manufacturing	L(1)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(5)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Services	L(5)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(7)
(9) With Off-site Distribution	U	(I)
(a) Micro-breweries	U	(I)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(8)
b. Convenience Markets	L(8)
(1) With Gasoline Sales
c. Specialty Food Shops	L(8)
(1) With Off-site Distribution	U	(I)
11. Funeral and Interment Services
12. Health Clubs	U
13. Home Improvement Sales and Services	L(3)
14. Horticultural Establishments
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	P
17. Mini Storage
18. Nurseries
19. Offices, Business and Professional
a. Offices, Business and Professional	L(1)
(1) Offices, Medical	L(1)
20. Parking, Commercial Facilities	U	(J)
21. Pawn Shops	P
22. Personal Improvement Services	L(9)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outdoor Facilities
25. Research and Development Services
26. Retail Sales/Rentals	L(8)
27. Vehicle/Equipment Sales and Services
a. Automobile Rental and Leasing	L(3)
b. Automobile Sales/New and Used	L(3)
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) With Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals	L(3)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	L(1)
b. Hotels	P
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facilities	L(1)
2. Child Day Care Facilities (Day Care Center)	L(1)	(F)
3. Clubs and Lodges	L(1)
4. Colleges, Public or Private	L(1)
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museums	P
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(1)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(N)
12. Low Barrier Navigation Center	L(20)	(N)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	L(9)
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(10)	(K)
(2) Small Collection Facilities	L(10)	(K)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(9)
20. Residential Care Facilities	L(1)
21. Schools, Public or Private	L(1)
22. Skilled Nursing Facilities	L(1)
23. Utilities, Major	L(11)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(12)
3. Accessory Use	L(13)
a. Garage Sales
b. Home Occupations	L(14)	(B)
c. Personal Cannabis Cultivation	L(15)	(L)
G. Temporary Uses		(G)
1. Arts and Crafts Shows, Outdoor	L(16)
2. Christmas Tree Sales	L(16)
3. Civic/Community Events	L(16)
4. Farmers Markets	L(16)
5. Live Entertainment Events	L(16)
6. Outdoor Seating for Eating and Drinking Establishments	L(7)
7. Pumpkin Sales	L(16)
8. Retail Sales, Outdoor	L(16)
9. Street Fairs	L(16)
10. Swap Meets, Non-Recurring	L(16)
11. Swap Meets, Recurring	L(16)
12. Vendor-Carts	L(17)

USE REGULATIONS
L(1)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(2)	Repealed by Ord. 2248.
L(3)	Permitted on floors above the ground floor of a completely enclosed multistory building; permitted on the ground floor of a completely enclosed multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(4)	Permitted as an accessory use associated with food and beverage sales or an eating and/or drinking establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops. Otherwise not permitted.
L(5)	Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(7)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to design review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(8)	Facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise permitted. In approving the Conditional Use Permit, the Planning Commission shall find that: a) The proposed use will not cause adverse noise, odor, and litter impacts. b) The proposed use (including hours of operation) will be compatible with existing and future residential uses in the surrounding area.
L(9)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use is compatible with active pedestrian activity on the adjacent public right-of-way; b) The proposed use is compatible with retail uses. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(10)	Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.
L(11)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(12)	Accessory structures are permitted subject to Section 10-2.2.2103, Property Development Regulations.
L(13)	See the use regulations for the primary use classification.
L(14)	Home occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.
L(15)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(16)	Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.
L(17)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.
L(18)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(19)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(20)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Structures.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 9, Inclusionary Housing.
(E)	See Part III, Article 10, Density Bonus Ordinance.
(F)	See Part III, Article 6, Child Day Care Facilities.
(G)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.
(H)	See Title 4, Chapter 11, Public Dance Permits.
(I)	See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(J)	See Part III, Article 2, Off-Street Parking and Loading Regulations.
(K)	See Part III, Article 7, Recycling Facilities.
(L)	See Part III, Article 14, Personal and Commercial Cannabis Activities Ordinance.
(M)	See Part III, Article 5. Accessory Dwelling Units.
(N)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§10, Ord. 2194, eff. 6/7/19; §19, Ord. 2210, eff. 10/22/21; §4, Ord. 2239, eff. 7/5/24; §3(21), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.2303 Property Development Regulations.

The following schedule prescribes development regulations for the Downtown Mixed Use District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the development regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.
B. Minimum Lot Width	80 feet
C. Minimum Lot Frontage	80 feet
D. Minimum Lot Depth	100 feet	D(1)
E. Minimum Setbacks		D(2) D(3)
1. Front		D(4)
2. Side		D(5)
3. Corner Side		D(4)
4. Rear		D(5)
F. Maximum Height		D(6)
G. Density		D(7)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(8)
J. Minimum Floor Area Ratio	1.0
K. Minimum Ground Floor Height		D(9)
L. Minimum Ground Floor Depth		D(10)
M. Courts
N. Design Review	See Section 10‑2.4.1202.
O. Landscaping	See Part III, Article 11.	D(11)
P. Fences and Walls	See Section 10-2.3.104.
Q. Antennas	See Section 10-2.3.120.
R. Nonconforming Conditions	See Part III, Article 3.
S. Elevators	See Section 10-2.3.124.
T. Recycling Facilities	See Part III, Article 7.
U. Parking and Loading	See Part III, Article 2.	D(12) D(13)
V. Signs	See Title 10, Chapter 8.
W. Preservation of Trees	See Title 3, Chapter 8.
X. Hillside Performance Standards	See Part III, Article 4.
Y. Stormwater Control	See Title 9, Chapter 16.

	ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for future street line setbacks.
D(4)	Minimum front and corner side setbacks shall be provided as follows: a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following: 1) On Core Area retail streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot-wide unobstructed pedestrian path of travel; 2) On other than Core Area retail streets, a setback sufficient to provide a minimum ten (10)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot-wide unobstructed pedestrian path of travel; 3) As specified by the General Plan or an applicable specific plan. b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.
D(5)	None required except as follows: a. For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b. For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.
D(6)	Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet. Outside of the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map.
D(7)	The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, in areas with a maximum floor area ratio of not more than 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. In areas with a maximum floor area ratio in excess of 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per three hundred seventy-five (375) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(8)	In areas with a maximum height limit of up to fifty (50) feet, except on the west side of Oakland Boulevard: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 2.5 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. In areas with a maximum height limit greater than fifty (50) feet, or on the west side of Oakland Boulevard: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(9)	The ground floor height, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet for portions of buildings within fifty (50) feet of a Core Area retail street, and a minimum of twelve (12) feet elsewhere.
D(10)	The minimum depth of all ground floor tenant spaces abutting the street on a Core Area retail street shall be the lesser of the following: a) Fifty (50) feet; or b) Ten (10) feet less than the lot depth. This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line.
D(11)	A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. For ground-floor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped. ii. For all other ground floor uses, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(12)	Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses by means of signs, gates, barriers, and/or markings.
D(13)	No surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.

(§10, Ord. 2194, eff. 6/7/19; §12, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

Walnut Creek City Zoning Code

PART II

BASE DISTRICT REGULATIONS

10-2.2.101 Purpose and Intent.

10-2.2.102 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)(J)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential
5. Multiple-Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single-Family Residential	P
9. Supportive Housing	L(14)
10. Transitional Housing	L(14)
B. Commercial Use Classifications
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables	L(2)
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and Drinking Establishments
a. Eating and Drinking Establishments
(1) With Alcoholic Beverage Service
(2) With Live Entertainment/Dancing
(3) With Take-out Service
(a) Drive-up
(4) With Permanent Outdoor Seating
(5) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip.
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
b. Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building	L(3)
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Clubs and Lodges
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	L(5)
14. Public Parking Facilities
15. Public Safety Facilities	U
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(6)	(F)
(2) Small Collection Facility	L(6)	(F)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility	L(7)
20. Schools, Public or Private	U
21. Skilled Nursing Facilities
22. Utilities, Major	L(8)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters	L(9)
2. Accessory Structure	L(10)	(A)
3. Accessory Uses	L(11)
a. Garage Sales	P
b. Home Occupations	L(11)	(B)
c. Personal Cannabis Cultivation	L(13)	(H)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(12)
2. Christmas Tree Sales	L(12)
3. Civic/Community Events	L(12)
4. Farmers Markets	L(12)
5. Live Entertainment Events	L(12)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(12)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(12)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Not permitted in the R-8, R-8.5, R-10, R-12, and R-15 zoning districts. Permitted upon approval of a Minor Use Permit in the R-20 and R-40 zoning districts subject to the regulations in Sec. 10-2.3.108. Animals.
L(3)	In the R-40 zoning district, private country clubs and golf courses are permitted upon approval of a Conditional Use Permit. All other uses within this category are not permitted.
L(4)	Repealed by Ord. 2243.
L(5)	Private neighborhood swim centers, owned and operated by and for the residents of the neighborhood in which such uses are located, are permitted upon approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(6)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(7)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2. Off-site Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as required for the Residential Use Classifications in Sec. 10-2.2.103.
L(8)	Electrical substations, aboveground electrical transmission lines water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(9)	Accessory living quarters, as defined in Part I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(10)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(11)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(12)	Permitted in private country clubs and golf courses, neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(13)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(14)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.103. Accessory Structures.
(B)	See Sec. 10-2.3.107. Home Occupations.
(C)	See Sec. 10-2.3.108. Animals.
(D)	See Part III, Article 6. Child Day Care Facilities.
(E)	See Sec. 10-2.3.109. Bed and Breakfast Inns.
(F)	See Part III, Article 7. Recycling Facilities.
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 15. Qualified Senate Bill 9 Properties.

10-2.2.103 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	D(1), D(2), D(3), D(5)
1. R-8	8,000 sq ft
2. R-8.5	8,500 sq ft
3. R-10	10,000 sq ft
4. R-12	12,000 sq ft
5. R-15	15,000 sq ft
6. R-20	20,000 sq ft
7. R-40	40,000 sq ft
B. Minimum Lot Width	D(1), D(2), D(3), D(5)
1. R-8	75 feet
2. R-8.5	75 feet
3. R-10	80 feet
4. R-12	90 feet
5. R-15	100 feet
6. R-20	120 feet
7. R-40	140 feet
C. Minimum Lot Frontage	D(1), D(2), D(3), D(4), D(5)
1. R-8	75 feet
2. R-8.5	75 feet
3. R-10	80 feet
4. R-12	90 feet
5. R-15	100 feet
6. R-20	120 feet
7. R-40	140 feet
D. Minimum Lot Depth	D(1), D(2), D(5)
1. R-8, R-8.5	95 feet
2. R-10, R-12	100 feet
3. R-15	120 feet
4. R-20, R-40	150 feet
E. Minimum Setbacks	D(1), D(2), D(3), D(4), D(5)
1. Front
a. R-8, R-8.5, R-10, R-12, R-15, R-20	20 feet
b. R-40	30 feet
2. Side
a. R-8, R-8.5, R-10	5', aggregate 15'/second story 10'	D(10)
b. R-12	10'
c. R-15	10', aggregate 25'
d. R-20, R-40	15'
3. Corner Side
a. R-8, R-8.5, R-10, R-12, R-15	10 feet	D(6)
b. R-20	15 feet
c. R-40	30 feet
4. Rear
a. R-8, R-8.5, R-10, R-12, R-15	15 feet
c. R-20, R-40	20 feet
F. Maximum Height	25 feet, 2 stories
G. Density		D(7)
H. Maximum Lot Coverage
1. R-8, R-8.5	40%
2. R-10	35%
3. R-12	30%
4. R-15, R-20	25%
5. R-40	NA
I. Threshold Floor Area Ratio (including garage and all other buildings)
1. R-8, R-8.5, R-10	.42	D(10)
2. R-12, R-15, R-20	N/A
J. Floor Area Distribution (Maximum percentage of floor area on second floor of principal structure, where total floor area includes garage)
1. R-8, R-8.5, R-10	40%	D(10)
2. R-12, R-15, R-20	N/A
K. Distance Between Buildings	5 feet
L. Placement of Mailboxes		D(8)
M. Temporary Tract Offices	See Sec. 10-2.3.113.
N. Fences and Walls	See Sec. 10-2.3.104.
O. Antennas	See Sec. 10-2.3.120.
P. Non-Conforming Conditions	See Part III, Article 3.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10. Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Design Review		D(9)
W. Stormwater Control	See Title 9, Chapter 16.
X. Landscaping	See Part III, Article 11.	D(11)

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	For development of uses (other than Residential Care Facilities) within the Commercial and Community Facility Use Classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit. The development regulations for a Residential Care Facility shall be the same as required for the Residential Use Classifications.
D(2)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(3)	In the event that more than 1/2 of the front lot line is a concave curve, the minimum lot frontage shall be not less than 1/2 the required lot width, and the actual width of the lot measured at the real line of the require front yard shall be not less than 80% of the required lot width.
D(4)	See Sec. 10-2.3.102. Yards, Setbacks and Open Areas.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	The side yard on the street side of a reversed corner lot shall be not less than the required front yard in the R district in which such lot is located.
D(7)	The maximum permitted density shall be determined by the stricter of the following three regulations: General Plan Land Use Map; Maximum Lot Coverage as determined in H. above; Maximum density as permitted under Part III, Article 4. Hillside Performance Standards.
D(8)	No mailbox shall be placed within the minimum required depth of the front yard in the sidewalk area between the curb and property line in any R or D-3 district unless the regulations of the U.S. Postal Service specifically mandate such placement. The Chief of Code Enforcement may grant an exception to the above restriction wherein special circumstances applicable to the property such as size, shape, location of buildings justify the exception.
D(9)	Except for those single family dwellings and accessory structures exempted from the provisions of this section, no new building shall be constructed or moved onto any building site, nor shall any existing non-residential building be enlarged, remodeled or otherwise altered on the exterior, nor shall any landscaping previously required pursuant to any permit be altered, nor shall any parking layout or dimension be altered until the design plan and site plan have received Design Review approval pursuant to Part IV, Article 12. Of this Chapter. See Part IV, Article 12 of this Chapter for design review requirements for single family dwellings, additions to single family dwellings, and other buildings on single family lots.
D(10)	Exceptions to these regulations may be permitted with Design Review approval pursuant to Part IV, Article 12, of this Chapter.
D(11)	A minimum of twenty percent (20%) of the lot net area shall be landscaped. A minimum of forty percent (40%) of the front and corner side yards shall be landscaped, excluding driveways. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. See also Private Residential Outdoor Space in Section 10-2.3.126.

(Ord. 2005, eff. 12/19/02; §2, Ord. 2037, eff. 12/17/04; §19, Ord. 2046, eff. 12/1/2005; §5, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24; §4(2), Ord. 2244, eff. 11/1/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.201 Purpose and Intent.

10-2.2.202 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential
5. Multiple Family Residential	L(2)
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single Family Residential	P
9. Supportive Housing	L(13)
10. Transitional Housing	L(13)
B. Commercial Use Classifications
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and Drinking Establishments
a. Eating and Drinking Establishments
(1) With Alcoholic Beverage Service
(2) With Live Entertainment/Dancing
(3) With Take-out Service
(a) Drive-up
(4) With Permanent Outdoor Seating
(5) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
(1) Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Clubs and Lodges	L(3)
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	L(4)
14. Public Parking Facilities
15. Public Safety Facilities
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(5)	(F)
(2) Small Collection Facility	L(5)	(F)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility	L(6)
20. Schools, Public or Private	U
21. Skilled Nursing Facilities	U
22. Utilities, Major	L(7)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters	L(8)
2. Accessory Structure	L(9)
3. Accessory Uses	L(10)
a. Garage Sales	P
b. Home Occupations	L(10)
c. Personal Cannabis Cultivation	L(12)	(H)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(11)
2. Christmas Tree Sales	L(11)
3. Civic/Community Events	L(11)
4. Farmers Markets	L(11)
5. Live Entertainment Events	L(11)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(11)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(11)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Duplexes or more than one single family dwelling are permitted, not to exceed 4 dwelling units on any one lot, regardless of size. All other uses within this classification, including buildings containing three or more units, are not permitted.
L(3)	Permitted on approval of a Conditional Use Permit. In approving the Use Permit the Planning Commission shall find that: 1) the proposed facility is located on a collector or arterial street; and 2) the facility is under 2,500 square feet in size.
L(4)	Private neighborhood swim centers, owned and operated by and for the residents of the neighborhood in which such uses are located, are permitted upon approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(5)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(6)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2. Off-site Parking and Loading Regulations. shall be provided.
L(7)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(8)	Accessory living quarters, as defined in Park I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(9)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(10)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses see the use regulation for the primary use classification.
L(11)	Permitted in neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(12)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(13)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.103. Accessory Buildings
(B)	See Sec. 10-2.3.107. Home Occupations.
(C)	See Sec. 10-2.3.108. Animals.
(D)	See Part III, Article 6. Child Day Care Facilities.
(E)	See Sec. 10-2.3.109. Bed and Breakfast Inns.
(F)	See Part III, Article 7. Recycling Facilities.
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.

10-2.2.203 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	6,000 sq. ft.	D(1), D(2), D(3)
B. Minimum Lot Width	60 ft.	D(2), D(3)
C. Minimum Lot Frontage	60 ft.	D(2), D(3), D(5)
D. Minimum Lot Depth	NA
E. Minimum Setbacks	D(2), D(3), D(4), D(5)
1. Front	15 ft.
2. Side		D(6)
3. Corner Side	10 ft.	D(6)
4. Rear	10 ft.
F. Maximum Height	25 ft., 2 stories
G. Density		D(7)
H. Maximum Lot Coverage	50%
I. Distance Between Buildings		D(8)
J. Placement of Mailboxes		D(9)
K. Design Review		D(10)
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Elevators	See Sec. 10-2.3.124.
P. Recycling Facilities	See Part III, Article 7.
Q. Parking and Loading	See Part III, Article 2.
R. Signs	See Title 10, Chapter 8.
S. Preservation of Trees	See Title 3. Chapter 8.
T. Hillside Performance Standards	See Part III, Article 4.
U. Stormwater Control	See Title 9, Chapter 16.
V. Landscaping	See Part III, Article 11.	D(11)
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any lot which is non-conforming because of area may be used for only one single family dwelling and accessory buildings and uses.
D(2)	For development of uses within the Commercial and Community Facility Use Classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit.
D(3)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(4)	See. Sec. 10-2.3.102. Yards, Setbacks and Open Areas.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	The minimum interior side yards for one-story buildings in The D-3 district shall be 5 feet on each side. Every building over one story shall provide a setback, for the second story, of 5 feet, plus 3 inches of additional setback for each foot that such building exceeds 10 feet in height. The side yard on the street side of a reversed corner lot shall be 15 feet.
D(7)	The maximum permitted density shall be determined by the stricter of the following three regulations:
	(a) General Plan Land Use Map;
	(b) Minimum Lot Area as determined in A. above. In addition: 1) there shall be not less than 6,000 square feet of lot area for 2 dwelling units and 4,500 square feet of lot area for each dwelling unit in excess of 2 on one lot; 2) no more than 4 dwelling units are permitted on any one lot, regardless of lot size; and 3) buildings containing three or more units are not permitted.
	(c) Maximum density as permitted under Part III, Article 4. Hillside Performance Standards.
D(8)	The minimum distance between two buildings on one lot shall be as follows: (a) Between two main buildings: 10 feet. (b) Between a main building and an accessory building: 5 feet.
D(9)	No mailbox shall be placed within the minimum required depth of the front yard in the sidewalk area between the curb and property line in any R or D-3 district unless the regulations of the U.S. Postal Service specifically mandate such placement. The Chief of Code Enforcement may grant an exception to the above restriction wherein special circumstances applicable to the property such as size, shape, location of buildings justify the exception.
D(10)	Except for those single family dwellings, duplex dwellings and accessory structures exempted from the provisions of this section, no new building shall be constructed or moved onto any building site, nor shall any existing non-residential building be enlarged, remodeled or otherwise altered on the exterior, nor shall any landscaping previously required pursuant to any permit be altered, nor shall any parking layout or dimension be altered until the design plan and site plan have received Design Review approval pursuant to Part IV, Article 12. of this Chapter.
	The provisions of this section D(10) shall not apply to:
	(a) Additions to existing single family and duplex dwellings.
	(b) Swimming pools, patios and covers, fences and other accessory structures except when design review is required for the main building and the accessory structure is to be constructed concurrently with the main building.
D(11)	A minimum of twenty percent (20%) of the lot net area shall be landscaped. A minimum of forty percent (40%) of the front and corner side yards shall be landscaped, excluding driveways. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. See also Private Residential Outdoor Space in Section 10-2.3.126.

(§2, Ord. 2037, eff. 12/17/04; §6, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24; §4(3), Ord. 2244, eff. 11/1/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.301 Purpose and Intent.

10-2.2.302 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)
1. Adult Day Care Home	P
2. Congregate Living Facility	U
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential	P
5. Multiple Family Residential	P
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(J)
b. Junior Accessory Dwelling Unit	L(15)	(J)
8. Single Family Residential	L(2)
9. Supportive Housing	L(16), L(17)
10. Transitional Housing	L(16)
B. Commercial Use Classifications
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(3)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(4)
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(H)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(5)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(6)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(5)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(6)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(3)
(9) With Off-site Distribution
(a) Micro-brewery	L(3)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(3)
b. Convenience Market	L(3)
(1) With Gasoline Sales
c. Specialty Food Shops	L(3)
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
b. Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services	L(3)
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(3)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Clubs and Lodges	U
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters	L(7)	(K)
11. Hospitals
a. Acute Care
b. Other
12. Low Barrier Navigation Center	L(18)	(K)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities
16. Public Safety Facilities	U
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(8)	(F)
(2) Small Collection Facility	L(8)	(F)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly	U
20. Residential Care Facility	U
21. Schools, Public or Private	U
22. Skilled Nursing Facilities	U
23. Utilities, Major	L(9)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters	L(10)
2. Accessory Structure	L(11)
3. Accessory Use	L(12)
a. Garage Sales	P
b. Home Occupations	L(12)
c. Personal Cannabis Cultivation	L(14)	(I)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(13)
2. Christmas Tree Sales	L(13)
3. Civic/Community Events	L(13)
4. Farmers Markets	L(13)
5. Live Entertainment Events	L(13)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(13)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(13)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Permitted in the M-3 zoning district upon approval of a conditional use permit by the Planning Commission. Not permitted in the M-2.5, M-2.0, M-1.5, M-1.0, and M-0.75 zoning districts. The maximum density for single family residential development in the M-3 zoning district shall be determined by the Planning Commission in the approval of the Use Permit.
L(3)	Permitted on the ground floor of a multistory residential project in the Core Area upon approval of a Conditional Use Permit. Not permitted outside of the Core Area. In approving the Use Permit the Planning Commission must find that:
	a) The proposed use is located on a collector or arterial street in the Core Area;
	b) The use, in terms of activities, location, size, appearance and signage, will not alter nor detract from the residential character of the neighborhood.
L(4)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has adequate security and lighting and that queuing for the ATM does not impede pedestrian or vehicular traffic flow.
L(5)	Permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance.
L(6)	Not permitted if located within 600 feet of a school (as defined in Article 4, Section 10-2.1.403(E)) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to both L(3) and Article 12 of Part III of the Zoning Ordinance.
L(7)	Permitted in the M-1.5, M-1.0, and M-0.75 zoning districts upon approval of a Conditional Use Permit. Not permitted in the M-2.0, M-2.5 and M-3 zoning districts.
L(8)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7, Recycling Facilities, for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(9)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(10)	Accessory living quarters, as defined in Part I, Article 4, Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Section 10-2.3.103, Accessory Structures.
L(11)	Accessory structures are permitted subject to the standards in Section 10-2.3.103, Accessory Structures.
L(12)	Home occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107, Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(13)	Permitted in neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, schools and similar locations subject to the approval of a Temporary Activity Permit (see Section 10-2.3.118, Temporary Activity Permits).
L(14)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(15)	Permitted in the M-3 zoning district. Not permitted in the M-2.5, M-2.0, M-1.5, M-1.0, and M-0.75 zoning districts.
L(16)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(17)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(18)	Permitted by right in the Core Area when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Buildings.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 6, Child Day Care Facilities.
(E)	See Section 10-2.3.109, Bed and Breakfast Inns.
(F)	See Part III, Article 7, Recycling Facilities.
(G)	See Part III, Article 9, Inclusionary Housing.
(H)	See Part III, Article 12, Alcoholic Beverage Sales.
(I)	See Part III, Article 14, Personal and Commercial Cannabis Activities.
(J)	See Part III, Article 5, Accessory Dwelling Units.
(K)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.303 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
1. M-0.75	10,000 Sq Ft
2. M-1	5,000 Sq Ft
3. M-1.5	9,000 Sq Ft
4. M-2	8,000 Sq Ft
5. M-2.5	10,000 Sq Ft
6. M-3	15,000 Sq Ft	D(2)
B. Minimum Lot Width		D(1)
1. M-0.75	80 Feet
2. M-1	50 Feet
3. M-1.5	90 Feet
4. M-2	60 Feet
5. M-2.5	90 Feet
6. M-3	90 Feet	D(2)
C. Minimum Lot Frontage		D(1)
1. M-0.75	80 Feet
2. M-1	50 Feet
3. M-1.5	90 Feet
4. M-2	60 Feet
5. M-2.5	90 Feet
6. M-3	90 Feet	D(2)
D. Minimum Lot Depth
1. M-0.75	100 Feet
2. M-1, M-1.5, M-2, M-2.5, M-3	NA
E. Minimum Setbacks		D(1), D(3)
1. Front
a. M-0.75	10 Feet	D(14)
b. M-1, M-1.5, M-2, M-2.5	15 Feet	D(15)
c. M-3	20 Feet	D(2)
2. Side		D(1)
a. M-0.75		D(16)
b. M-1, M-1.5, M-2, M-2.5		D(4)
c. M-3		D(5)
3. Corner Side		D(1)
a. M-0.75	10 Feet	D(14)
b. M-1, M-1.5, M-2, M-2.5	10 Feet
c. M-3	20 Feet	D(2)
4. Rear
a. M-0.75		D(16)
b. M-1, M-1.5		D(6)
c. M-2, M-2.5		D(7)
d. M-3		D(8)
F. Maximum Height		D(9)
G. Density
1. Residential
a. M-0.75		D(17)
b. M-1	1 dwelling unit per 1,000 sq. ft. of net lot area
c. M-1.5	1 dwelling unit per 1,500 sq. ft. of net lot area
d. M-2	1 dwelling unit per 2,000 sq. ft. of net lot area
e. M-2.5	1 dwelling unit per 2,500 sq. ft. of net lot area
f. M-3	1 dwelling unit per 3,000 sq. ft. of net lot area	D(2)
2. Commercial		D(10)
3. Mixed Use		D(10)
H. Maximum Lot Coverage
1. M-0.75	70%
2. M-1	70%
3. M-1.5	70%
4. M-2	60%
5. M-2.5	50%
6. M-3	50%	D(2)
I. Distance Between Buildings
1. M-0.75		D(18)
2. M-1, M-1.5, M-2, M-2.5, M-3		D(11)
J. Maximum Net Floor Area Ratio
1. M-0.75		D(19)
2. M-1, M-1.5, M-2, M-2.5, M-3		D(10)
K. Design Review	See Sec. 10-2.4.1202.
L. Landscaping	See Part III, Article 11.	D(12)
M. Storage Space for Residential Units		D(13)
N. Fences and Walls	See Sec. 10-2.3.104.
O. Antennas	See Sec. 10-2.3.120.
P. Nonconforming Conditions	See Part III, Article 3.
Q. Elevators	See Sec. 10-2.3.124.
R. Recycling Facilities	See Part III, Article 7.
S. Parking and Loading	See Part III, Article 2.	D(3), D(10)
T. Signs	See Title 10, Chapter 8.
U. Preservation of Trees	See Title 3, Chapter 8.
V. Hillside Performance Standards	See Part III, Article 4.
W. Stormwater Control	See Title 9, Chapter 16.
X. Private Residential Outdoor Space	See Sec. 10-2.3.126.
Y. Courts	See Sec. 10-2.3.127.
Z. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	For development of uses within the commercial and community facility use classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit.
D(2)	For single-family residential development, the minimum lot area, lot width, lot frontage, maximum lot coverage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit.
D(3)	In the M-0.75 district, no surface, ground-level, or aboveground parking shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street. In the M-1, M-1.5, M-2, M-2.5, and M-3 districts, no parking shall occupy any portion of any required front yard or any required street side yard.
D(4)	The minimum interior side yards for one-story buildings in the M-1, M-1.5, M-2 and M-2.5 districts shall be five (5) feet on each side. Every building over one (1) story shall provide a setback, for the second story, of five (5) feet, plus three (3) inches of additional setback for each foot that such building exceeds ten (10) feet in height.
D(5)	The minimum interior side yard for one-story buildings in the M-3 district shall be ten (10) feet on each side. Every building over one (1) story shall provide a setback, for the second story, of ten (10) feet, plus three (3) inches of additional setback for each foot that such building exceeds ten (10) feet in height. For new single-family development, see L(2). Additions to single-family homes existing as of 2/16/96 (effective date of ordinance) shall conform to the M-3 standards.
D(6)	The minimum depth of the rear yard for buildings in the M-1 and M-1.5 districts shall be three (3) inches per foot of building height, but not less than five (5) feet.
D(7)	The minimum depth of the rear yard for buildings in the M-2 and M-2.5 districts shall be six (6) inches per foot of building height, but not less than ten (10) feet.
D(8)	The minimum depth of the rear yard in the M-3 district shall be twenty (20) feet when adjacent to any single-family development. The minimum depth of the rear yard in the M-3 district, not adjacent to single-family development, shall be ten (10) feet. The minimum depth of the rear yard for new single-family development shall be as determined in L(2). Additions to single-family homes existing as of 2/16/96 (effective date of ordinance) shall conform to the M-3 standards.
D(9)	The maximum building height for multifamily development shall be thirty (30) feet unless otherwise specified in the Zoning Map. The maximum height for single-family development shall be twenty-five (25) feet.
D(10)	For commercial and mixed-use development, the density and parking requirements are to be determined by the Planning Commission in the approval of a Conditional Use Permit.
D(11)	The minimum distance between any two (2) buildings on the same lot in the multiple family districts shall be not less than the sum of the side yards required for each building; except that such distance may be reduced or waived by the Design Review Authority pursuant to Part IV, Article 12, Design Review, and if the Review Authority makes the finding that such distances are not necessary for the maintenance of light, air and privacy for the individual units.
D(12)	A minimum of twenty percent (20%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. A minimum of forty percent (40%) of the yard shall be landscaped. ii. For projects with ground-floor commercial uses, a minimum of twenty percent (20%) percent of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(13)	Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(14)	A reduced setback of five (5) feet is permitted for unenclosed exterior stairs leading directly to the entrance of an individual dwelling unit on the ground floor of a multistory building, and for unenclosed patios not more than three (3) feet in height. Only open or transparent glass railings shall be used for said exterior stairs and patios, except that exceptions may be granted by the Design Review Authority pursuant to Part IV, Article 12, Design Review, and upon a finding that an alternative design is necessary to ensure privacy to the adjacent units, and that the design of the railing is suitable for its location within the setback. An increased setback of fifteen (15) feet is required for the upper portions of a building located more than forty (40) vertical feet from the base elevation.
D(15)	Ten (10) feet within the plan area boundaries of the West Downtown Specific Plan.
D(16)	a) Except where a greater setback is required pursuant to subsection (b) below, the side and rear setbacks shall be as follows: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.

D(17)	The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(18)	See Section 10-2.3.127, Courts.
	Notwithstanding the foregoing, the Design Review Commission may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specified above. In granting design review approval, the Design Review Commission shall find that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.
D(19)	Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 2.5 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

(§2, Ord. 2037, eff. 12/17/04; §5, Ord. 2070, eff. 6/20/2008; §7, Ord. 2108, eff. 4/7/12; §7, Ord. 2194, eff. 6/7/19; §3, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.401 Purpose and Intent.

10-2.2.402 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	P
3. Family Day Care Home
a. Small Family Day Care Home	P	(E)
b. Large Family Day Care Home	P	(E)
4. Group Residential
5. Multiple-Family Residential	P
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(K)
b. Junior Accessory Dwelling Unit
8. Single-Family Residential
9. Supportive Housing	L(12), L(13)
10. Transitional Housing	L(12)
B. Commercial Use Classifications		(A)(F)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine	L(2)
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(I)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(4)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(5)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(4)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(5)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(3)
(9) With Off-site Distribution
(a) Micro-brewery	L(3)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(3)
b. Convenience Market	L(3)
(1) With Gasoline Sales
c. Specialty Food Shops	L(3)
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
b. Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services	L(3)
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(3)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications		(A)
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(E)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Low Barrier Navigation Center	L(14)	(L)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities
16. Public Safety Facilities	U
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(6)	(G)
(2) Sml. Collection Facility	L(6)	(G)
(3) Lrg. Collection Facility
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility	U
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(7)
24. Utilities, Minor	P
F. Accessory Uses		(A)
1. Accessory Living Quarters
2. Accessory Structure	L(8)
3. Accessory Use	L(9)
a. Garage Sales	P
b. Home Occupations	L(9)
c. Personal Cannabis Cultivation	L(11)	(J)
G. Temporary Uses		(F)
1. Arts and Crafts Shows, Outdoor	L(10)
2. Christmas Tree Sales
3. Civic/Community Events	L(10)
4. Farmers Markets
5. Live Entertainment Events	L(10)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has adequate security and lighting and that queuing for the ATM does not impede pedestrian or vehicular traffic flow.
L(3)	Permitted on the ground floor of a multi family project upon approval of a Conditional Use Permit (unless developed in conjunction with a multifamily project in which case the use shall be approved as part of the Planned Development Permit). In approving the Use Permit or the Planned Development Permit (if the use is developed in conjunction with a multi family project) the Planning Commission must find that: a) The proposed use is located on Bothelo Avenue; and b) The use, in terms of activities, location, size, appearance and signage, will not alter nor detract from the residential character of the neighborhood.
L(4)	Permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance.
L(5)	Not permitted if located within 600 feet of a school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance.
L(6)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(7)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(8)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(9)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(10)	Permitted in Park and Recreation Facilities subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.113. Temporary Activity Permits).
L(11)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(12)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(13)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(14)	Permitted by right on Bothelo Avenue when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	No use shall be permitted in the High Density Residential Planned Development District except in accord with a valid Planned Development Permit.
(B)	See Sec. 10-2.3.103. Accessory Buildings.
(C)	See Sec. 10-2.3.107. Home Occupations.
(D)	See Sec. 10-2.3.108. Animals.
(E)	See Part III, Article 6. Child Day Care Facilities.
(F)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service and Display.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 12. Alcoholic Beverage Sales.
(J)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(K)	See Part III, Article 5. Accessory Dwelling Units.
(L)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.403 Permit Required.

10-2.2.404 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	15,000 sq ft	D(1)
B. Minimum Lot Width	100 feet	D(1)
C. Minimum Lot Frontage	100 feet	D(1)
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(2)
G. Density		D(3)
H. Maximum Lot Coverage	NA
I. Design Review	See Sec. 10-2.4.1202.	D(1)
J. Open Space		D(4)
K. Storage Space for Residential Units		D(5)
L. Screening		D(6)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading		D(7)
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Utility Undergrounding		D(8)
V. Stormwater Control	See Title 9, Chapter 16.
W. Landscaping	See Part III, Article 11.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Refer to Specific Plan #9 for Design Guidelines and graphic illustrations of design concepts.
D(2)	The maximum building height is 70 feet, not to exceed 35 feet in designated view corridors surrounding the entrance to the park. The Planning Commission reserves the authority to review and approve the transition between height zones.
D(3)	The maximum base floor area ratio is 1.5. The minimum base floor area ratio is 0.75. Additional floor area over the maximum base FAR will be permitted for projects that include at least 20% of the units reserved for occupancy by low- and moderate-income households, as defined by the U. S. Department of Housing and Urban Development for this metropolitan area. At least 40% of these units (8% of all units) must be reserved for low-income households. The maximum FAR bonus for low and moderate income housing is 0.5.
D(4)	A minimum of twenty percent (20%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. A minimum of forty percent (40%) of the yard shall be landscaped. ii. For projects with ground-floor commercial uses, a minimum of twenty percent (20%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(5)	Each residential unit shall have at least 200 cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.
D(6)	Exterior storage, electrical and mechanical systems shall be screened. Trash and refuse collection and disposal facilities shall be enclosed by a solid fence or hedge that is no lower than the facilities themselves.
D(7)	One space per bedroom, but in no case fewer than 1.25 spaces per unit. Required spaces may be located up to 200 feet from the residential building they serve. Off-site parking shall be permitted if located on a site under the same ownership and a reciprocal parking agreement (that includes the City of Walnut Creek as a party to that agreement) and deed restriction have been recorded on the property.
D(8)	All utilities in the area shall be undergrounded.

(§2, Ord. 2037, eff. 12/17/04; §8, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.501 Purpose and Intent.

a. To preserve significant features of a hill area in essentially their natural state as part of a comprehensive open space system;

b. To encourage, in hill areas, an alternative approach to conventional flat land practices of development;

c. To minimize grading and cut and fill operations consistent with the retention of the natural character of the hill areas;

d. To minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet on-site and off-site development needs;

f. To ensure that the open space, as shown on any development plan, is consistent with the open space element shown on the General Plan;

g. To preserve the predominant views both from and of the hill areas and to retain the sense of identity and image that these hill areas now impart to the City of Walnut Creek and its environs; and

h. To preserve, where possible, natural streams, natural and manmade ponds and associated riparian vegetation.

10-2.2.502 Interim Uses.

10-2.2.503 Land Use Regulations.

10-2.2.504 Open Space/Agriculture Land Density.

10-2.2.505 High Risk Area Density.

10-2.2.506 Land Use Regulations Table. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted upon approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(G)(J)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(E)
b. Large Family Day Care Home	P	(E)
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single Family Residential	P
9. Supportive Housing	L(11)
10. Transitional Housing	L(11)
B. Commercial Use Classifications		(A)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables	L(2)
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and Drinking Establishments
a. Eating and Drinking Establishments
(1) With Alcoholic Beverage Service
(2) With Live Entertainment/Dancing
(3) With Take-out Service
(a) Drive-up
(4) With Permanent Outdoor Seating
(5) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building	L(3)
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Sales/New and Used
b. Automobile Washing
c. Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications		(A)
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)	L(2)
3. Clubs and Lodges
4. College, Public or Private	P
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Low Barrier Navigation Center
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	P
14. Public Parking Facilities
15. Public Safety Facilities
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(4)	(F)
(2) Small Collection Facility	L(4)	(F)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	P
19. Residential Care Facility
20. Schools, Public or Private	P
21. Skilled Nursing Facilities
22. Utilities, Major	L(5)
23. Utilities, Minor	P
F. Accessory Uses		(A)
1. Accessory Living Quarters	L(6)
2. Accessory Structure	L(7)
3. Accessory Uses
a. Accessory Uses	L(8)
b. Garage Sales	P
c. Home Occupations	L(8)
d. Personal Cannabis Cultivation	L(10)	(H)
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(9)
2. Christmas Tree Sales
3. Civic/Community Events	L(9)
4. Farmers Markets
5. Live Entertainment Events	L(9)
6. Outdoor Seating/Eating and Drinking Establishment
7. Pumpkin Sales
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring	L(9)
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Permitted if such use is owned by and used exclusively for the residents of the subdivision or series of subdivisions which contain such use .
L(3)	Private country clubs and golf courses or golf courses for general public use are permitted. All other uses within this category are not permitted.
L(4)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. for the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(5)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(6)	Accessory living quarters, as defined in Part I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(7)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(8)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations ). Garage sales are a permitted use. For all other accessory uses, see the use regulation for the primary use classification.
L(9)	Permitted in private and public country clubs and golf courses, neighborhood swim centers, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(10)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(11)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	No use shall be permitted in the Hillside Planned Development District except in accord with a valid Planned Development Permit.
(B)	See Sec. 10-2.3.103. Accessory Structures.
(C)	See Sec. 10-2.3.107. Home Occupations.
(D)	See Sec. 10-2.3.108. Animals.
(E)	See Part III, Article 6. Child Day Care Facilities.
(F)	See Part III, Article 7. Recycling Facilities.
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 15. Qualified Senate Bill 9 Properties.

10-2.2.507 Permit Required.

10-2.2.508 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
B. Minimum Lot Width		D(1)
C. Minimum Lot Frontage		D(1)
D. Minimum Lot Depth		D(1)
E. Minimum Setbacks
1. Front		D(1)
2. Side		D(1)
3. Corner Side		D(1)
4. Rear		D(1)
F. Maximum Height	25 feet
G. Density	1 dwelling unit per 10 acres	D(2)
H. Maximum Lot Coverage		D(1)
I. Design Review	See Sec. 10-2.4.1202.
J. Landscaping	See Part III, Article 11.	D(3)
K. Storage Space for Residential Units		D(4)
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Recycling Facilities	See Part III, Article 7.
P. Parking and Loading	See Part III, Article 2.
Q. Signs	See Title 10, Chapter 8.
R. Preservation of Trees	See Title 3. Chapter 8 and Sec. 10-2.2.504.
S. Hillside Performance Standards	See Part III, Article 4.
T. Stormwater Control	See Title 9, Chapter 16.
U. Private Residential Outdoor Space	See Sec. 10-2.3.126.
V. Courts	See Sec. 10-2.3.127.
W. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum lot area, lot width, lot frontage, lot depth and setbacks shall be determined in the approval of the Planned Development Permit.
D(2)	See Sec. 10-2.2.506. Land Use Regulations, Sec. 10-2.2.504. Open Space/Agriculture Land Density, and Sec. 10-2.2.505. High Risk Area Density.
D(3)	A minimum of twenty percent (20%) of the lot net area shall be landscaped. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(4)	Each residential unit shall have at least 200 cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§2, Ord. 2037, eff. 12/17/04; §9, Ord. 2108, eff. 4/7/12; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.601 Purpose and Intent.

10-2.2.602 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	L(1)
5. Multiple Family Residential	L(29)
6. Residential Care Home	P
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(31), L(32)
10. Transitional Housing	L(31)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(3)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(4)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(5)
5. Catering Services	L(6)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(7)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(8)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(9)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(8)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(9)
(5) With Live Entertainment	P	(C) (I)
(6) With Dancing	P	(C) (I)
(7) With Take-out Service	L(11)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(12)
(9) With Off-site Distribution	U	(D)
(a) Micro-brewery	U	(D)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(13)
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	L(13)
(1) With Off-site Distribution	U	(D)
11. Funeral and Interment Services
12. Health Clubs	U
13. Home Improvement Sales and Service	L(14)
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip	L(3)
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(7)
(1) Offices, Medical	L(15)
20. Parking, Commercial Facility	L(16)	(E)
21. Pawn Shop	P
22. Personal Improvement Services	L(17)
23. Personal Services	L(18)
24. Recreation and Entertainment, Commercial
a. Within a Building	L(19)
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(20)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations	L(21)	(F)
(1) Automobile Washing	L(21)	(F)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U
b. Hotels	U
c. Motels	U
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	L(1)
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museum	P
6. Emergency Medical Care/No Inpatient
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(M)
12. Low Barrier Navigation Center	L(33)	(M)
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	P
14. Public Parking Facilities	P
15. Public Safety Facilities	P
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(22)	(G)
(2) Small Collection Facility	L(22)	(G)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility
20. Schools, Public or Private
21. Skilled Nursing Facilities
22. Utilities, Major	L(23)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(24)
3. Accessory Uses	L(25)
a. Garage Sales
b. Home Occupations	L(26)
c. Personal Cannabis Cultivation	L(30)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(27)
2. Christmas Tree Sales	L(27)
3. Civic/Community Events	L(27)
4. Farmers Markets	L(27)
5. Live Entertainment Events	L(27)
6. Outdoor Seating/Eating and Drinking Estab.	L(12)
7. Pumpkin Sales	L(27)
8. Retail Sales, Outdoor	L(27)
9. Swap Meets, Non-Recurring	L(27)
10. Swap Meets, Recurring	L(27)
11. Street Fairs	L(27)
12. Vendor Carts	L(28)

USE REGULATIONS
L(1)	Permitted upon approval of a Conditional Use Permit and compliance with L(7).
L(2)	Repealed by Ord. 2248.
L(3)	Permitted provided that the primary use of the facility is retail sales. Where retail sales are not the primary use of the facility the uses are permitted subject to L(7).
L(4)	Permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that the location of the proposed bank does not impede or discourage the flow of pedestrian traffic.
L(5)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has appropriate lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow.
L(6)	Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment, otherwise not permitted.
L(7)	Not permitted on the ground floor level with frontage on a public right-of-way. Permitted on floors aboveground level or on the ground level without frontage on a public right-of-way.
L(8)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(9)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(10)	Not permitted if located within 600 feet of a school. Otherwise permitted upon approval of a Conditional Use Permit. The criteria found in Sec. 10-2.4.605 shall not apply to such Conditional Use Permit, nor shall any such Conditional Use Permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the Conditional Use Permit unless it finds that: (1) noise from the interior of the facility will be audible from a hospital or residentially zoned property, or (2) noise from the parking lot, other than normal conversation levels, will be audible to a hospital or residentially zoned property.

USE REGULATIONS
L(11)	Permitted upon approval of Conditional Use Permit. In approving the use permit, the following conditions of approval shall be imposed: a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan and is in keeping with the architectural nature of the Pedestrian Retail Zoning District. The Design Review Commission shall recommend denial if the appearance is a standard, corporate theme, designed to attract the attention of vehicular traffic, without regard to surrounding land uses. b) Eating and Drinking Establishments with Take-out Service are not permitted unless the Planning Commission can make the finding that "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial: i) The facility has direct driveway access from a major arterial. ii) The facilities for on-premises consumption of the food are insufficient for the volume of customers purchasing such items. iii) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street parking lot. iv) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location. v) Client statistics or demographics from other localities (similarly placed in a pedestrian retail area) document that the typical client is a destination oriented customer (making a one-stop trip by automobile) rather than a pedestrian shopper or worker. c) Due to the volume of disposable packaging required for take out, the Eating and Drinking Establishment with Take-out Service shall have identifiable containers and napkins for all carry-out food. All litter resulting, including litter on adjacent property and public rights-of-way, shall be promptly removed.
L(12)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(13)	Facilities having a gross floor area of 10,000 square feet or less are permitted. Facilities that exceed 10,000 square feet in gross floor area are permitted on approval of a Conditional Use Permit. In approving the use permit, the following conditions of approval shall be imposed: a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan, is in conformance with the approved Design Review Guidelines for the Pedestrian Retail Zoning District and is keeping with the architectural nature of the Pedestrian Retail Zoning District (i.e., compact development, ample window and door openings to activate street frontages, limited driveway interruptions, and minimal parking areas along the street frontages). b) Retail uses over 10,000 square feet in size are not permitted unless the Planning Commission can make the finding that: "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial: i) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street, surface parking lot. ii) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location. iii) The Design Review Commission has recommended denial of the proposal because the design does not comply with the Goals and Policies contained within Chapter 4 (Built Environment) of the General Plan, is not in conformance with the approved Design Review Guidelines for the Pedestrian Retail Zoning District and is not in keeping with the architectural nature of the Pedestrian Retail Zoning District.
L(14)	Any Home Improvement Sales and Service Facility existing as of 2/16/96 (effective date of ordinance) can be expanded and or remodeled subject to the issuance of a Conditional Use Permit. All other uses within this classification are not permitted.
L(15)	Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are not permitted.
L(16)	A Temporary Commercial Parking Lot is permitted subject to the approval of a Minor Use Permit. A Permanent Commercial Parking Lot is permitted subject to the issuance of a Conditional Use Permit.
L(17)	Business and Trade Schools are not permitted. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.
L(18)	Permitted with the exclusion of self-service laundries which are not permitted.
L(19)	Bowling alleys, dance halls, ice/roller skating rinks, scale model course and bingo parlors are not permitted. Billiard parlors and game centers including pinball arcade, coin operated electronics or mechanical game machines are permitted on approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(20)	Facilities that have a gross floor area of 10,000 square feet or less are permitted. Facilities that have a gross floor area of more than 10,000 square feet but do not have an on-site surface parking lot with more than 33 parking spaces are permitted. Uses over 10,000 square feet in size and which have an on-site surface parking lot of more than 33 spaces are permitted subject to approval of a Conditional Use Permit. In approving the use permit the following conditions of approval shall be imposed: a) Prior to use permit approval, the Design Review Commission shall have reviewed all proposed exterior changes, including signage, and shall make a recommendation to the Planning Commission as to whether the design complies with the goals and policies contained within Chapter 4 (Built Environment) of the General Plan and is in keeping with the architectural nature of the Pedestrian Retail Zoning District (i.e., compact development, ample window and door openings to activate the street frontages, limited driveway interruptions, and minimal parking areas along the street frontages). b) Retail uses over 10,000 square feet in size are not permitted unless the Planning Commission can make the finding that: "The facility will not rely on customers making a one stop trip by automobile." In making the finding the Planning Commission shall consider any of the following criteria as a basis for denial: i) The user requires a minimum amount of on-site parking and the location was chosen because of the availability of an off-street, surface parking lot. ii) The location has an off-street parking lot that discourages pedestrian traffic by virtue of its size and location. iii) The Design Review Commission has recommended denial of the proposal because the design does not comply with the Goals and Policies contained within Chapter 4 (Built Environment) of the General Plan and is not in keeping with the architectural nature of the Pedestrian Retail Zoning District.
L(21)	Permitted if located entirely within a parking garage.
L(22)	Permitted in a Convenience Zone (as defined in Part I, Article 3. Definitions) subject to the approval of the Community Development Director.
L(23)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(24)	Accessory structures are permitted subject to Sec. 10-2.2.603. Property Development Regulations.
L(25)	See the use regulation for the primary use classification.
L(26)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(27)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(28)	Permitted if they are operating under the same business license and selling the same products as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment. Independently operated vendor carts are permitted subject to a use permit. The following restriction shall apply to independently operated vendor carts: (1) They shall not be visible from the street right-of-way or any other public land, (2) the location, number of vendor carts and nighttime cart storage provisions shall be subject to review by the Planning Commission. All vendor carts are subject to design review. Design review approval may be granted pursuant to Part IV, Article 12, Design Review, and if the following findings can be made: (a) The cart is located on private property, (b) adequate pedestrian passage and emergency access around the cart shall be maintained at all times, and (c) other than plants or flowers, merchandise shall not be displayed on the ground around the cart nor outside the confines of the approved cart structure. Other restrictions may be placed on merchandise display as necessary to ensure the carts have an attractive appearance.
L(29)	Conditionally permitted, subject to L(7), in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(30)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(31)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(32)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(33)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(E)	See Part III, Article 2. Off-street Parking and Loading Regulations.
(F)	See Part III, Article 8. Concurrent Sales.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 3, Sec. 10-2.3.302. Continuation of Nonconforming Uses.
(J)	See Part III, Article 12. Alcoholic Beverage Sales.
(K)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5, Accessory Dwelling Units.
(M)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.603 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2) D(3)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(4)
G. Density
1. Residential		D(5)
2. Mixed Use		D(5) D(6)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(6)
J. Access		D(7)
K. Design Review	See Sec. 10-2.4.1202.	D(9)
L. Landscaping	See Part III, Article 11.
M. Storage Space for Residential Units	200 Cubic Feet	D(8)
N. Fences and Walls	See Sec. 10-2.3.104.
O. Antennas	See Sec. 10-2.3.120.
P. Non-Conforming Conditions	See Part III, Article 3.
Q. Elevators	See Sec. 10-2.3.124.
R. Recycling Facilities	See Part III, Article 7.
S. Parking and Loading	See Part III, Article 2.	D(5)
T. Signs	See Title 10, Chapter 8.
U. Preservation of Trees	See Title 3. Chapter 8.
V. Hillside Performance Standards	See Part III, Article 4.
W. Stormwater Control	See Title 9, Chapter 16.
X. Private Residential Outdoor Space	See Sec. 10-2.3.126.
Y. Courts	See Sec. 10-2.3.127.
Z. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(5)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For residential development refer to the General Plan, Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For commercial development refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(7)	All buildings that abut Wilson and Commercial Lanes shall have primary access on Main Street, Locust Street or Broadway.
D(8)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.
D(9)	Design review, pursuant to Part IV, Article 12, Design Review, shall be required for all buildings over ten thousand (10,000) square feet in size if: a. Any exterior changes are proposed, or b. If interior tenant improvements exceed a valuation of twenty-five percent (25%) of the overall assessed value of the structure as shown on the latest Contra Costa County Assessor's equalized assessment roll.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.701 Purpose and Intent.

10-2.2.702 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(I)
1. Adult Day Care Home	P
2. Congregate Living Facility	U
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	U
5. Multiple Family Residential	L(22)
6. Residential Care Home	P
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(24), L(25)
10. Transitional Housing	L(24)
B. Commercial Use Classifications		(B)
1. Ambulance Services	P
2. Animal Sales and Service
a. Animal Hospital	L(2)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(3)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	P
(1) With Drive-up Service		P
(2) With Automated Teller Machine	P
5. Catering Services	L(4)	(C)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(5)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending after 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending after 11:00 p.m.	L(7)
(5) With Live Entertainment	P	(D) (J)
(6) With Dancing	P	(D) (J)
(7) With Take-out Service	P
(a) Drive-up	U
(8) With Permanent Outdoor Seating	L(9)
(9) With Off-site Distribution	U	(C)
(a) Micro-brewery	U	(C)
10. Food and Beverage Sales
a. Food and Beverage Sales	P
b. Convenience Market	P
(1) With Gasoline Sales	U	(E)(F)
c. Specialty Food Shops	P
(1) With Off-site Distribution	U	(C)
11. Funeral and Interment Services	L(10)
12. Health Clubs	U
13. Home Improvement Sales and Service	L(11)
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip	L(3)
17. Mini-Storage
18. Nursery	P
19. Offices, Business and Professional
a. Offices, Business and Professional	L(5)
(1) Offices, Medical	L(5)
20. Parking, Commercial Facility	L(12)	(G)
21. Pawn Shop	P
22. Personal Improvement Services	L(13)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	P
b. Outside a Building
25. Research and Development Services	U
26. Retail Sales/Rental	L(11)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	U
b. Automobile Sales/New and Used	U
c. Automobile Washing	U
d. Automobile Wrecking
e. Service Stations	U	(E)(F)
(1) Automobile Washing	U	(E)(F)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service	U
g. Vehicle/Equipment Sales and Rentals	U
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	P
b. Hotels	P
c. Motels	P
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges	U
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient	U
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	L(14)	(M)
12. Low Barrier Navigation Center	L(26)	(M)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(15)
(2) Small Collection Facility	L(15)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly	U
20. Residential Care Facility	U
21. Schools, Public or Private	U
22. Skilled Nursing Facilities	U
23. Utilities, Major	L(16)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(17)
3. Accessory Uses	L(18)
a. Garage Sales
b. Home Occupations	L(19)
c. Personal Cannabis Cultivation	L(23)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(20)
2. Christmas Tree Sales	L(20)
3. Civic/Community Events	L(20)
4. Farmers Markets	L(20)
5. Live Entertainment Events	L(20)
6. Outdoor Seating/Eating and Drinking Estab	L(9)
7. Pumpkin Sales	L(20)
8. Retail Sales, Outdoor	L(20)
9. Swap Meets, Non-Recurring	L(20)
10. Swap Meets, Recurring	L(20)
11. Street Fairs	L(20)
12. Vendor Carts	L(21)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Animal Hospitals/Vet Services are permitted subject to the issuance of a Conditional Use Permit and shall not include the boarding of animals except for convalescence or medical examination.
L(3)	Permitted provided that the primary use of the facility is retail sales. Where retail sales are not the primary use of the facility, the uses are permitted on approval of a Conditional Use Permit.
L(4)	Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment If the use is not an accessory use, then the use is permitted on approval of a Conditional Use Permit.
L(5)	Permitted on floors above the ground level or on the ground level on approval of a Conditional Use Permit. In approving the use permit, the Planning Commission shall find that: a) The proposed location is not suitable for retail use by virtue of its location, configuration or relationship to streets, driveways or access ways; b) The proposed ground floor office use is compatible with the existing character and uses of the area.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(8)	Not permitted if located within 600 feet of a school. A Conditional Use Permit shall be required if is to be located within 600' of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such conditional use permit, nor shall any such use permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the conditional use permit unless it finds that: (1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or (2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(9)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right of way for the placement of tables and chairs.
L(10)	Mortuaries are permitted upon approval of a Conditional Use Permit. All other uses within this category are not permitted.
L(11)	Permitted provided that all activity is conducted entirely within an enclosed building. Uses that include outdoor sales are permitted upon approval of a Conditional Use Permit subject to a finding that the outdoor sales does not negatively impact any abutting uses.
L(12)	A Temporary Commercial Parking Lot is permitted subject to the approval of a Minor Use Permit. A Permanent Commercial Parking Lot is permitted subject to the issuance of a Conditional Use Permit.
L(13)	Business and Trade Schools are permitted subject to the issuance of a Conditional Use Permit. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.
L(14)	A Conditional Use Permit shall be required if it is to be located on a parcel within 500 feet of the boundary of any residential zoning district, otherwise it is a permitted use.
L(15)	Permitted subject to the approval of the Community Development Director.
L(16)	Electrical substations, aboveground electrical transmission lines and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(17)	Accessory structures are permitted subject to Sec. 10-2.2.703. Property Development Regulations.
L(18)	See the use regulation for the primary use classification.
L(19)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(20)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(21)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment and are not within the public right of way.
L(22)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(23)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(24)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(25)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(26)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3. 121. Regulations for Outdoor Sales, Service and Display.
(C)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(D)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(E)	See Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(F)	See Part III, Article 8. Concurrent Sales.
(G)	See Part III, Article 2. Off-street Parking and Loading Regulations.
(H)	See Part III, Article 7. Recycling Facilities.
(I)	See Part III, Article 9. Inclusionary Housing.
(J)	See Part III, Article 12. Alcoholic Beverage Sales.
(K)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5. Accessory Dwelling Units.
(M)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.703 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.	D(1)
B. Minimum Lot Width	80'	D(2)
C. Minimum Lot Frontage	80'	D(2)
D. Minimum Lot Depth	100'	D(3)
E. Minimum Setbacks		D(4) D(5) D(11)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(6)
G. Density
1. Residential		D(7)
2. Commercial		D(8)
3. Mixed Use		D(7) D(8)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(8)
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.
L. Storage Space for Residential Units	200 Cubic Feet	D(10)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot containing less than ten thousand square feet may be developed pursuant to all other provisions of this chapter.
D(2)	Any existing lot having a width or frontage of less than eighty feet may be developed pursuant to all other provisions of this chapter.
D(3)	Any existing lot having a depth of less than one hundred feet may be developed pursuant to all other provisions of this chapter.
D(4)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(7)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For residential development refer to the General Plan, Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(8)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For commercial development refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(9)	Ten percent (10%) of the net lot area shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, they shall be landscaped as follows: i. A minimum of ten percent (10%) of the yard shall be landscaped. ii. For projects with a residential component, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(10)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.
D(11)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.801 Purpose and Intent.

10-2.2.802 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(I)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(24)
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	L(25)
5. Multiple Family Residential	L(21)
6. Residential Care Home	L(25)
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(29), L(30)
10. Transitional Housing	L(29)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital	L(2)
b. Animal: Retail Sales and Grooming	L(3)
c. Horse Stables
d. Kennel
3. Artist Studio	L(4)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	U
(1) With Drive-up Service	L(24)
(2) With Automated Teller Machine	U
5. Catering Services	L(5)	(C)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(27)
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment	P	(D) (J)
(6) With Dancing	P	(D) (J)
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(9)
(9) With Off-site Distribution	U	(C)
(a) Micro-brewery	U	(C)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(3)
b. Convenience Market	L(3)
(1) With Gasoline Sales
c. Specialty Food Shops	L(3)
(1) With Off-site Distribution	L(5)	(C)
11. Funeral and Interment Services
12. Health Clubs	L(10)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip.	L(4)
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(23)
(1) Offices, Medical	L(23)
20. Parking, Commercial Facility	L(11)	(E)
21. Pawn Shop	L(3)
22. Personal Improvement Services	U
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services	L(27)
26. Retail Sales/Rental	L(12)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations	L(28)	(F)(G)
(1) Automobile Washing	L(28)	(F)(G)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	L(13)
b. Hotels	L(13)
c. Motels	L(28)
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	L(26)
2. Child Day Care Facility (Day Care Center)	L(26)	(A)
3. Clubs and Lodges	L(26)
4. College, Public or Private	L(26)
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient	L(27)
7. Government Offices	L(27)
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(M)
12. Low Barrier Navigation Center	L(31)	(M)
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	L(26)
14. Public Parking Facilities	P
15. Public Safety Facilities	P
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(14)	(H)
(2) Small Collection Facility	L(13)	(H)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly	U
19. Residential Care Facility	L(26)
20. Schools, Public or Private	L(26)
21. Skilled Nursing Facilities	L(26)
22. Utilities, Major	L(15)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(16)
3. Accessory Uses	L(17)
a. Garage Sales
b. Home Occupations	L(18)
c. Personal Cannabis Cultivation	L(22)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(19)
2. Christmas Tree Sales	L(19)
3. Civic/Community Events	L(19)
4. Farmers Markets	L(19)
5. Live Entertainment Events	L(19)
6. Outdoor Seating/Eating and Drinking Establishment	L(9)
7. Pumpkin Sales	L(19)
8. Retail Sales, Outdoor	L(19)
9. Swap Meets, Non-Recurring	L(19)
10. Swap Meets, Recurring	L(19)
11. Street Fairs	L(19)
12. Vendor Carts	L(20)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Animal hospitals/veterinarian services are permitted; provided, that there is no boarding of animals except for convalescence or medical examination.
L(3)	Permitted in the Core Area on the ground floor of a multistory building. If the use is to be located in a single-story Core Area building, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit the Planning Commission shall find that the proposed ground floor use is compatible with the existing character and uses of the area. Outside of the Core Area, the uses are not permitted.
L(4)	Permitted; provided, that the primary use of the facility is not retail sales. Where retail sales is the primary use of the facility, the uses are permitted subject to L(3).
L(5)	Permitted subject to L(3) and only as an accessory use associated with food and beverage sales or an eating and drinking establishment, otherwise the use is not permitted.
L(6)	Permitted, in the Core Area, on the ground floor of a multistory building upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single-story Core Area building, the use is permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit compliance checklist conditions of approval pursuant to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.
L(7)	Not permitted if located within six hundred (600) feet of a school (as defined in Section 10-2.1.403(E)) if providing full alcoholic beverage service. Otherwise permitted in the Core Area, on the ground floor of a multistory building upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. If the use is to be located in a single-story Core Area building, the use is permitted upon approval of a conditional use permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance. Outside the Core Area, the use is not permitted.
L(8)	Not permitted if located within six hundred (600) feet of a school. A Conditional Use Permit shall be required if is to be located within six hundred (600) feet of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such Conditional Use Permit, nor shall any such Use Permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the Conditional Use Permit unless it finds that: 1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or 2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(9)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to design review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(10)	Permitted in the Core Area. Outside of the Core Area the use is permitted upon approval of a Conditional Use Permit.
L(11)	A temporary commercial parking lot is permitted subject to the approval of a Minor Use Permit. A permanent commercial parking lot is permitted subject to the issuance of a Conditional Use Permit.
L(12)	Prescription pharmacies that are an integral part of and ancillary to a complex of medical offices are permitted. All other uses are permitted subject to L(3).
L(13)	In the Core Area, the use is permitted upon the approval of a Conditional Use Permit. Outside the Core Area, the use is not permitted.
L(14)	Permitted subject to the approval of the Community Development Director.
L(15)	Electrical substations, aboveground electrical transmission lines and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(16)	Accessory structures are permitted subject to Section 10-2.2.803, Property Development Regulations.
L(17)	See the use regulation for the primary use classification.
L(18)	Home occupations are permitted subject to the approval of a Home Occupation Permit (see Section 10-2.3.107, Home Occupations).
L(19)	Permitted subject to the approval of a Temporary Activity Permit (see Section 10-2.3.118, Temporary Activity Permits).
L(20)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment and are not within the public right-of-way.
L(21)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least ninety percent (90%) of the dwelling units are restricted units for low- or very low-income households, and in areas where multiple-family residential uses are allowed pursuant to a specific plan; multiple-family residential uses are allowed by right for the parcel at 2079 Mt. Diablo Blvd. (APN:184-042-014) up to fifty-six (56) dwelling units per acre when at least twenty percent (20%) of units are affordable to low- and very low-income households (as defined under Health and Safety Code Section 50093 as may be amended); otherwise not permitted.
L(22)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(23)	Businesses whose primary activities involve walk-in customer visits (including but not limited to document preparation centers; real estate agencies; and public offices for title companies, mortgage brokers, stock brokers, and financial advisors) are permitted on the ground floor of a multistory building when located west of North/South California Boulevard; otherwise permitted subject to L(27) below.
L(24)	Not permitted within the plan area boundaries of the West Downtown Specific Plan; otherwise conditionally permitted.
L(25)	Not permitted within the plan area boundaries of the West Downtown Specific Plan; otherwise permitted.
L(26)	Not permitted on the ground floor within fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the portion of the ground floor within fifty (50) feet of the street line, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(27)	Not permitted on the ground floor within fifty (50) feet from the street line of a Core Area retail street; otherwise permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the portion of the ground floor within fifty (50) feet of the street line, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(28)	In the portion of the Core Area located outside of the plan area boundaries of the West Downtown Specific Plan, the use is conditionally permitted; otherwise, the use is not permitted.
L(29)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(30)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(31)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6, Child Day Care Facilities.
(B)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service and Display.
(C)	See Section 10-2.3.123, Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(D)	See Municipal Code, Title 4, Chapter 11, Public Dance Permits.
(E)	See Part III, Article 2, Off-street Parking and Loading Regulations.
(F)	See Section 10-2.3.122, Service Stations; Convenience Markets with Gasoline Sales.
(G)	See Part III, Article 8, Concurrent Sales.
(H)	See Part III, Article 7, Recycling Facilities.
(I)	See Part III, Article 9, Inclusionary Housing.
(J)	See Part III, Article 12, Alcoholic Beverage Sales.
(K)	See Part III, Article 14, Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5, Accessory Dwelling Units.
(M)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.803 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area
1. Core Area	10,000 sq. ft.	D(1)
2. Outside Core Area	NA
B. Minimum Lot Width
1. Core Area	80 ft.	D(2)
2. Outside Core Area	NA
C. Minimum Lot Frontage
1. Core Area	80 ft.	D(2)
2. Outside Core Area	NA
D. Minimum Lot Depth
1. Core Area	100 ft.	D(3)
2. Outside Core Area	NA
E. Minimum Setbacks		D(4) D(5) D(6)
1. Front	Average of 15 ft.	D(7)
2. Side	Average of 10 ft.	D(7)
3. Corner Side	Average of 10 ft.	D(7)
4. Rear		D(8)
F. Maximum Height
1. Core Area		D(9)
2. Outside Core Area		D(10)
G. Density
1. Residential		D(11)
2. Commercial
a. Core Area		D(12)
b. Outside Core Area	.5 FAR
3. Mixed Use
a. Core Area		D(11) D(12)
b. Outside Core Area	.5 FAR	D(11)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio
1. Core Area		D(12)
2. Outside Core Area	.5
J. Minimum Floor Area Ratio		D(15)
K. Minimum Ground Floor Height		D(16)
L. Minimum Ground Floor Depth		D(17)
M. Design Review	See Section 10-2.4.1202.
N. Landscaping	See Part III, Article 11.	D(13)
O. Storage Space for Residential Units	200 cubic feet	D(14)
P. Fences and Walls	See Section 10-2.3.104.
Q. Antennas	See Section 10-2.3.120.
R. Nonconforming Conditions	See Part III, Article 3.
S. Elevators	See Section 10-2.3.124.
T. Recycling Facilities	See Part III, Article 7.
U. Parking and Loading	See Part III, Article. 2.	D(18)
V. Signs	See Title 10, Chapter 8.
W. Preservation of Trees	See Title 3, Chapter 8.
X. Hillside Performance Standards	See Part III, Article 4.
Y. Stormwater Control	See Title 9, Chapter 16
Z. Private Residential Outdoor Space	See Sec. 10-2.3.126.
AA. Courts	See Sec. 10-2.3.127.
BB. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot containing less than ten thousand (10,000) square feet may be developed pursuant to all provisions of this chapter.
D(2)	Any existing lot having a width or frontage of less than eighty (80) feet may be developed pursuant to all other provisions of this chapter.
D(3)	Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.
D(4)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(5)	Refer to the Zoning Map for future street line setbacks.
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).
D(7)	Such yards may be waived or reduced in depth pursuant to the approval of the site plan if existing conditions in the neighborhood of such proposed construction make the required yard inconsistent with existing development. Except as specified by the General Plan, no front or corner side setbacks shall be required for the fourth and lower stories of buildings located on Core Area retail streets within the plan area boundaries of the West Downtown Specific Plan.
D(8)	The average rear yard shall be not less than that required in the land use district which abuts the rear line of the lot upon which construction is proposed. If the abutting district has no rear yard requirement or has a rear yard requirement similar to the provisions as required herein, there shall be no required rear yard.
D(9)	Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: Refer to the Zoning Map.
D(10)	The maximum height, outside of the Core Area, shall be twenty-five (25) feet unless otherwise specified on the Zoning Map.
D(11)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: For residential development refer to the General Plan, Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(12)	Within the plan area boundaries of the West Downtown Specific Plan: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: For commercial development refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(13)	A minimum of twenty percent (20%) of the project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. A minimum of twenty percent (20%) of the yard shall be landscaped. ii. For projects with a residential component, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(14)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(15)	Within the plan area boundaries of the West Downtown Specific Plan: 0.75. Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.
D(16)	Within the plan area boundaries of the West Downtown Specific Plan: the ground floor height for all portions of a building located within fifty (50) feet of a street line, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet. Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.
D(17)	Within the plan area boundaries of the West Downtown Specific Plan: the minimum depth of all ground floor tenant spaces abutting the street shall be the lesser of the following: a) Fifty (50) feet; or b) Ten (10) feet less than the lot depth. This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line. Outside of the plan area boundaries of the West Downtown Specific Plan: no requirement.
D(18)	Within the plan area boundaries of the West Downtown Specific Plan, no surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.901 Purpose and Intent.

10-2.2.902 Land Use Regulations.

10-2.2.903 Interim Uses. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(F)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P
b. Large Family Day Care Home	P	(A)
4. Group Residential
5. Multiple Family Residential	P
6. Residential Care Home
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(17), L(18)
10. Transitional Housing	L(17)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(2)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(3)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(4)
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(5)
8. Custom Manufacturing	L(2)
9. Eating and/or Drinking Establishments		(G)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service	L(3)
(a) Drive-up
(8) With Permanent Outdoor Seating
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	P
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip	L(2)
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(5)
(1) Offices, Medical	L(8)
20. Parking, Commercial Facility
21. Pawn Shop	P
22. Personal Improvement Services	L(9)
23. Personal Services	L(10)
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	P
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Low Barrier Navigation Center	L(19)	(J)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities
15. Public Parking Facilities
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(11)	(D)
(2) Small Collection Facility	L(11)	(D)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(12)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(13)
3. Accessory Uses	L(14)
a. Garage Sales
b. Home Occupations	L(14)	(E)
c. Personal Cannabis Cultivation	L(16)	(H)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor
2. Christmas Tree Sales
3. Civic/Community Events	L(15)
4. Farmers Markets
5. Live Entertainment Events
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales
8. Retail Sales, Outdoor	L(15)
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Permitted provided that the primary use of the facility is retail sales, otherwise not permitted.
L(3)	Permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that there is adequate on-site parking in accordance with Part III, Article 2. Parking and Loading.
L(4)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has appropriate lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow.
L(5)	On the ground level the use is permitted upon approval of a Conditional Use Permit, subject to the findings in L(3). On floors above the ground level, the use is permitted.
L(6)	Permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the Administrative Use Permit Compliance Checklist Conditions of Approval pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Permitted upon approval of a Conditional Use Permit pursuant to both L(3) and to Article 12 of Part III of the Zoning Ordinance.
L(8)	Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are permitted subject to L(3).
L(9)	Business and Trade Schools are not permitted. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted subject to L(3).
L(10)	Permitted with the exclusion of self-service laundries which are not permitted.
L(11)	Permitted subject to the approval of the Community Development Director.
L(12)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(13)	Accessory structures are permitted subject to Sec. 10-2.2.905 Property Development Regulations.
L(14)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(15)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(16)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(17)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(18)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(19)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Part III, Article 7. Recycling Facilities.
(E)	See Sec. 10-2.3.107. Home Occupations.
(F)	See Part III, Article 9. Inclusionary Housing.
(G)	See Part III, Article 12. Alcoholic Beverage Sales.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.904 Permit Required.

10-2.2.905 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	40,000 sq. ft.	D(1)
B. Minimum Lot Width	150'	D(1)
C. Minimum Lot Frontage	150'	D(1)
D. Minimum Lot Depth	150'	D(1)
E. Minimum Setbacks		D(2) D(3) D(4)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(5)
G. Density
1. Residential		D(6)
2. Commercial		D(7)
3. Mixed Use		D(6) D(7)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.
L. Storage Space for Residential Units	200 cubic feet	D(8)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum requirements may be reduced by the City Council in approval of a Planned Development Permit subject to a finding that the proposed lot size provides adequate and appropriate circulation, setbacks, landscaping and open space.
D(2)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.4 (Building Setbacks) of the North Downtown Specific Plan. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan—Chapter 4, Figure 11 (Building Setbacks).
D(5)	Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(6)	The maximum residential density shall be determined by the Planning Commission when making a recommendation to the City Council on the Planned Development Permit.
D(7)	For commercial development refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(8)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1001 Purpose and Intent.

10-2.2.1002 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	L(1)
5. Multiple Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(21), L(22)
10. Transitional Housing	L(21)
B. Commercial Use Classifications		(B)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services	L(3)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(4)
8. Custom Manufacturing	L(5)
9. Eating and/or Drinking Establishments		(I)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(7)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(7)
(5) With Live Entertainment	P	(C) (I)
(6) With Dancing	P	(C) (I)
(7) With Take-out Service	P
(a) Drive-up	U
(8) With Permanent Outdoor Seating	L(8)
(9) With Off-site Distribution	U	(D)
(a) Micro-brewery	U	(D)
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	L(9)
(1) With Off-site Distribution	L(3)	(D)
11. Funeral and Interment Services
12. Health Clubs	L(4)
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(10)
(1) Offices, Medical	L(10)
20. Parking, Commercial Facility	P	(E)
21. Pawn Shop
22. Personal Improvement Services	L(4)
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(11)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	L(12)
b. Automobile Sales/New and Used	L(12)
c. Automobile Washing	L(13)
d. Automobile Wrecking
e. Service Stations	L(13)	(F)
(1) Automobile Washing	L(13)	(F)
f. Vehicle/Equipment Repair	L(12)
(1) Limited Vehicle Service	L(12)
g. Vehicle/Equipment Sales and Rentals	L(13)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(4)
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	P	(J)
12. Low Barrier Navigation Center	L(22)	(J)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(14)	(G)
(2) Small Collection Facility	L(14)	(G)
(3) Large Collection Facility	U	(G)
b. Processing Facility	U	(G)
19. Religious Assembly
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(15)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(16)
3. Accessory Uses	L(17)
a. Garage Sales
b. Home Occupations	L(18)
c. Personal Cannabis Cultivation
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(19)
2. Christmas Tree Sales	L(19)
3. Civic/Community Events	L(19)
4. Farmers Markets	L(19)
5. Live Entertainment Events	L(19)
6. Outdoor Seating/Eating and Drinking Estab	L(8)
7. Pumpkin Sales	L(19)
8. Retail Sales, Outdoor	L(19)
9. Swap Meets, Non-Recurring	L(19)
10. Swap Meets, Recurring	L(19)
11. Street Fairs	L(19)
12. Vendor Carts	L(20)

USE REGULATIONS
L(1)	Permitted subject to the issuance of a Conditional Use Permit and compliance with L(4).
L(2)	Repealed by Ord. 2248.
L(3)	Permitted as an accessory use associated with Delicatessens, Bakeries or an Eating and Drinking Establishment, otherwise permitted subject to L(4).
L(4)	Permitted; provided, that the facility will be located on floors above the ground level.
L(5)	Permitted within the plan area boundaries of the North Downtown Specific Plan; otherwise not permitted.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(7)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(8)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(9)	Delicatessens and bakeries are permitted. All other uses within this classification are not permitted.
L(10)	Permitted; provided, that the office is an accessory use to a permitted use, otherwise permitted on floors above the ground level. If the facility is to be located on the ground floor, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that: a) The building was designed as an office or retail building and has been utilized as an office building throughout its entire existence. (Evidence shall be presented to the Planning Commission to document that this condition applies. Acceptable evidence shall include DRC and/or PC minutes and resolutions indicating the type of construction or proposed use and leasing records); and b) There is no material expansion, major structural alteration or major reconstruction proposed as part of the use permit request, notwithstanding tenant improvements; and c) The proposed use will have no adverse effects on the long-term viability of the Auto Sales/ Service and Custom Manufacturing Zoning District. Permitted; provided, that the facility will be located on floors above the ground level.
L(11)	Retail sales/rental of automotive parts and accessories are permitted. All other uses within this classification are not permitted.
L(12)	All facilities which have repair, loading, storage and other visually detractive activities which would be visible from the North Main Street corridor shall be reviewed and approved by the Design Review Authority pursuant to Part IV, Article 12, Design Review. Design review approval shall not be granted by the Design Review Authority where such activities cannot be adequately screened so as to preclude visibility from the North Main Street corridor.
L(13)	Permitted subject to L(11) and the approval of a Conditional Use Permit.
L(14)	Permitted subject to the approval of the Community Development Director.
L(15)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(16)	Accessory structures are permitted subject to Sec. 10-2.2.1003. Property Development Regulations.
L(17)	See the use regulation for the primary use classification.
L(18)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(19)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(20)	Vendor carts associated with a Civic/Community event are permitted subject to approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits). All other vendor carts are not permitted.
L(21)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(22)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(23)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Sec. 10-2.3.123. Offsite Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(E)	See Part III, Article 2. Off-Street Parking and Loading.
(F)	See Part III, Article 8. Concurrent Sales of Gasoline and Alcoholic Beverages and Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 12. Alcoholic Beverage Sales.
(J)	See Part III, Article 16. Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.1003 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(3)
G. Density
1. Residential		NA
2. Commercial		D(4)
3. Mixed Use		NA
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(4)
J. Design Review	See Sec. 10-2.4.1202.	D(5)
K. Landscaping	See Part III, Article 11.	D(6)
L. Storage Space for Residential Units	NA
M. Fences and Walls	See Sec.10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Nonconforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3, Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights-of-Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(4)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the General Plan, Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios).
D(5)	New buildings with an office component shall be designed to assure that future uses shall be related to auto sales, auto retail or auto service. An application for design review that does not include an office component design to assure said future uses shall be denied.
D(6)	No building shall be constructed or moved onto any building site, nor shall any building be enlarged unless a minimum of five percent (5%) of the lot net area is landscaped. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole.

(§2, Ord. 2037, eff. 12/17/04; §12, Ord. 2070, eff. 6/20/2008; §14, Ord. 2108, eff. 4/7/12; §10, Ord. 2200, eff. 12/6/19; §8, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1101 Purpose and Intent.

10-2.2.1102 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(H)
1. Adult Day Care Home	P
2. Congregate Living Facility	P
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	U
5. Multiple Family Residential	L(20)
6. Residential Care Home	P
7. Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(23), L(24)
10. Transitional Housing	L(23)
B. Commercial Use Classifications		(B)
1. Ambulance Services	U
2. Animal Sales and Service
a. Animal Hospital	P
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel	U
3. Artist Studio	P
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(2)
5. Catering Services	P
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation	L(21)
g. Commercial Cannabis Testing Laboratory
7. Communication Facilities	P
8. Custom Manufacturing	P
9. Eating and/or Drinking Establishments		(I)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(3)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(4)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(3)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(4)
(5) With Live Entertainment	P	(C) (I)
(6) With Dancing	P	(C) (I)
(7) With Take-out Service	P
(a) Drive-up	U
(8) With Permanent Outdoor Seating	L(6)
(9) With Off-site Distribution	P	(D)
(a) Micro-brewery	P	(D)
10. Food and Beverage Sales
a. Food and Beverage Sales	P
b. Convenience Market	L(7)
(1) With Gasoline Sales	U	(F)
c. Specialty Food Shops	P
(1) With Off-site Distribution	P	(D)
11. Funeral and Interment Services	L(8)
12. Health Clubs	P
13. Home Improvement Sales and Service	P
14. Horticultural Establishment	P
15. Lumber and Building Material Yard	P
16. Maintenance and Repair Service/Small Equipment	P
17. Mini Storage	P
18. Nursery	P
19. Offices, Business and Professional
a. Offices, Business and Professional	L(9)
(1) Offices, Medical	L(9)
20. Parking, Commercial Facility	P	(E)
21. Pawn Shop	P
22. Personal Improvement Services	P
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outside a Building	U
25. Research and Development Services	P
26. Retail Sales/Rental	P
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	L(10)
b. Automobile Sales/New and Used	L(11)
c. Automobile Washing	U
d. Automobile Wrecking
e. Service Stations	U	(F)
(1) Automobile Washing	U
f. Vehicle/Equipment Repair	L(11)
(1) Limited Vehicle Service	L(11)
g. Vehicle/Equipment Sales and Rentals	L(12)
h. Vehicle Storage	U
28. Visitor Accommodations
a. Bed and Breakfast Inns	P
b. Hotels	P
c. Motels	P
C. Industrial Use Classifications		(B)
1. General Industry
2. Limited Industry	U
3. Research Development Industry
4. Wholesaling, Distribution and Storage	U
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges	U
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museum	P
6. Emergency Medical Care/No Inpatient	U
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Low Barrier Navigation Center	L(25)	(K)
13. Maintenance and Service Facilities	U
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(13)	(G)
(2) Small Collection Facility	L(13)	(G)
(3) Large Collection Facility	U	(G)
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(14)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(15)
3. Accessory Uses	L(16)
a. Garage Sales
b. Home Occupations	L(17)
c. Personal Cannabis Cultivation	L(22)	(J)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(18)
2. Christmas Tree Sales	L(18)
3. Civic/Community Events	L(18)
4. Farmers Markets	L(18)
5. Live Entertainment Events	L(18)
6. Outdoor Seating/Eating and Drinking Establishment	L(6)
7. Pumpkin Sales	L(18)
8. Retail Sales, Outdoor	L(18)
9. Swap Meets, Non-Recurring	L(18)
10. Swap Meets, Recurring	L(18)
11. Street Fairs	L(18)
12. Vendor Carts	L(19)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Automated teller services through machines are permitted; all other uses under this classification are prohibited.
L(3)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(4)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(5)	Not permitted if located within 600 feet of a school. A Conditional Use Permit shall be required if is to be located within 600 feet of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such conditional use permit, nor shall any such use permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the conditional use permit unless it finds that: 1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or 2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(6)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review.). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(7)	A Conditional Use Permit shall be required if it is to be located on the west side of North Main Street, otherwise it is a permitted use. The Planning Commission shall grant the conditional use permit if it finds that noise associated with the proposed use does not adversely impact residentially zoned property. The Planning Commission, in making the finding for approval, may impose conditions in regards to the following items (or any other items it deems appropriate to mitigate noise): a) Hours and days of operation. b) Installation of sound attenuation material, if necessary, to mitigate noise impacts.
L(8)	Crematories, columbariums and mausoleums are not permitted. Mortuaries are permitted subject to the issuance of a Conditional Use Permit.
L(9)	Permitted on the ground floor provided that the office is an accessory use to a permitted use. Permitted on floors above the ground floor. Offices not accessory to a permitted use, or on the floors above the ground floor level, are subject to the issuance of a Conditional Use Permit and the finding that the office use will not alter or interfere with the character of the service commercial businesses in the zoning district.
L(10)	A Conditional Use Permit shall be required if located on the west side of North Main Street subject to the findings that: a) The site fronts North Main Street with access from North Main Street; b) There is adequate space so that all vehicles for rent or lease can be parked on site at all times, and/or the use can demonstrate that it has other facilities that can accommodate the additional vehicles in excess of the subject site; c) The business will not negatively impact the abutting residential area. To ensure that the finding can be made, the Planning Commission may impose conditions relating to noise attenuation, screening, landscaping and setbacks. This use is also subject to the conditions in L(11). d) Are found in Sec. 10-2.4.605 for Conditional Use Permits.
L(11)	All facilities which have repair, loading, storage and other visually detractive activities (this does not include car sales inventory) which would be visible from the North Main Street corridor or the I-680 freeway shall be reviewed and approved by the Design Review Authority pursuant to Part IV, Article 12, Design Review. The Design Review Authority shall not approve any application where such activities cannot be adequately screened so as to preclude visibility from the North Main Street corridor or the I-680 freeway.
L(12)	Sale or rental of tractors, construction or agricultural equipment and similar equipment is permitted subject to the approval of a Conditional Use Permit. The sale or rental of motorcycles, mobile homes, recreational vehicles, and similar equipment is permitted. All vehicles and equipment for sale or rent must be parked or stored on site at all times, unless it can be demonstrated that there are other facilities that can accommodate the additional vehicles in excess of the subject site.
L(13)	Permitted subject to the approval of the Community Development Director.
L(14)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(15)	Accessory structures are permitted subject to Sec. 10-2.3.1103. Property Development Regulations.
L(16)	See the use regulation for the primary use regulation.
L(17)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(18)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(19)	Vendor-carts associated with a Civic/Community event are permitted subject to approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits). All other vendor-carts are not permitted.
L(20)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(21)	Permitted subject to the issuance of a Conditional Use Permit and Operator's Permit pursuant to Article 14 of Part III of the Zoning Ordinance.
L(22)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(23)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(24)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(25)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(D)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(E)	See Part III, Article 2. Off-street Parking and Loading.
(F)	See Part III, Article 8. Concurrent Sales and Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(G)	See Part III, Article 7. Recycling Facilities.
(H)	See Part III, Article 9. Inclusionary Housing.
(I)	See Part III, Article 12. Alcoholic Beverage Sales.
(J)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(K)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.1103 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2)
1. Front	NA
2. Side	NA
3. Corner Side	NA
4. Rear	NA
F. Maximum Height		D(3)
G. Density
1. Residential		D(4)
2. Commercial	.3 FAR
3. Mixed Use	.3 FAR	D(4)
H. Maximum Lot Coverage	NA
I. Maximum Net Floor Area Ratio	.3 FAR
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(5)
L. Storage Space for Residential Units	200 cubic feet	D(6)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16.
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	The maximum building height shall be 30 feet unless otherwise specified by the Zoning Map.
D(4)	For residential development refer to the General Plan—Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(5)	A minimum of five percent (5%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: a. A minimum of twenty percent (20%) of the yard shall be landscaped. b. For projects with a residential component on the ground floor, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(6)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§2, Ord. 2037, eff. 12/17/04; §13, Ord. 2070, eff. 6/20/2008; §15, Ord. 2108, eff. 4/7/12; §7, Ord. 2145, eff. 3/4/16; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1201 Purpose and Intent.

10-2.2.1202 Land Use Regulations.

In the following table, the letters in the "Use Regulations" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home
b. Large Family Day Care Home
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home
7. Accessory Dwelling Unit
8. Single Family Residential
B. Commercial Use Classifications		(A)
Alcohol Production—See Custom Manufacturing
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital	L(1)
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio	L(2)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(3)
(1) With Drive-up Service
(2) With Automated Teller Machine	L(3)
5. Catering Services	L(4)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation	L(25)
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	P
8. Custom Manufacturing	L(2)
9. Eating and/or Drinking Establishments		(E)
a. Eating and/or Drinking Establishments	L(3)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(5)
(2) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(5)
(3) With Live Entertainment
(4) With Dancing
(5) With Take-out Service	L(3)
(a) Drive-up
(6) With Permanent Outdoor Seating	L(3)
(7) With Off-site Distribution
(a) Micro-brewery	L(3)
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops	L(6)
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs	L(3)
13. Home Improvement Sales and Service
14. Horticultural Establishment	L(7)
15. Lumber and Building Material Yard
16. Maintenance and Repair Service
17. Mini Storage	L(8)
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	P
(1) Offices, Medical	L(9)
20. Parking, Commercial Facility	L(10)	(B)
21. Pawn Shop
22. Personal Improvement Services	L(11)
23. Personal Services	L(3)
24. Recreation and Entertainment, Commercial
a. Within a Building	L(12)
b. Outside a Building
25. Research and Development Services	P
26. Retail Sales/Rental	L(13)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels	L(14)
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry	L(15)
3. Research Development Industry	L(16)
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(C)
3. Clubs and Lodges
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	U
14. Public Parking Facilities	P
15. Public Safety Facilities	P
16. Public Transit Terminals	L(17)
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(18)	(D)
(2) Small Collection Facility	L(18)	(D)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private	U
21. Skilled Nursing Facilities	L(19)
22. Utilities, Major	L(20)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(21)
3. Accessory Uses	L(22)
a. Garage Sales
b. Home Occupations
c. Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor	L(23)
2. Christmas Tree Sales	L(23)
3. Civic/Community Events	L(23)
4. Farmers Markets	L(23)
5. Live Entertainment Events	L(23)
6. Outdoor Seating/Eating and Drinking Estab.	L(23)
7. Pumpkin Sales	L(23)
8. Retail Sales, Outdoor	L(23)
9. Swap Meets, Nonrecurring	L(23)
10. Swap Meets, Recurring	L(23)
11. Street Fairs	L(23)
12. Vendor Carts	L(24)

USE REGULATIONS
L(1)	Animal hospitals/veterinarian services are permitted; provided, that there is no boarding of animals except for convalescence or medical examinations.
L(2)	Alcohol production uses in the B-P Zoning District shall mean a commercial establishment within an enclosed building that produces handcrafted, bottled alcoholic beverages in limited quantities for local and off-site consumption with or without a related eating and/or drinking establishment, including microbreweries, craft wineries, distilleries, cider works, meaderies, and other micro-alcohol uses for the small-scale production and distribution of no more than 15,000 barrels of beer or cider per year or 10,000 cases of wine, distilled spirits, or mead per year. Alcohol production and custom manufacturing uses are permitted; provided, that all activity is conducted entirely within an enclosed building and the use is consistent with all performance standards pursuant to Section 10‑2.2.1203, Property Development Regulations, D(9). Alcohol production uses with on-site eating or drinking uses are also subject to L(5). Uses that include outdoor activity are permitted subject to the issuance of a conditional use permit. Retail sales of custom manufacturing products produced on site is permitted as an accessory use.
L(3)	If the use is to be located in and completely occupy a freestanding building, the use is permitted upon approval of conditional use permit. In approving the conditional use permit the Planning Commission must find that: a) The use in terms of location, size, appearance and signage, will not alter the campus atmosphere of the individual buildings nor change the overall nature of the business park; and b) The use is in compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9); and c) The use will provide a benefit and service to existing employers and employees of the business park; and d) The hours of operation do not negatively affect adjacent residential neighborhoods. All other uses are permitted subject to compliance with all performance standards in Section 10‑2.2.1203, Property Development Regulations, D(9).
L(4)	Catering services in the Business Park zoning district include small-scale production of handcrafted foods and nonalcoholic beverages, including chocolates, coffee roasting, tea and spices mixing, bakeries, jams/jellies, pasta production, canning and bottling kitchens, and commercial kitchens for an individual business or groups of individual businesses that share facilities. In the B-P-100 zoning district catering services including accessory on-site pick-up or consumption of the business's products or other products and are permitted subject to compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9). In the B-P-200 zone, catering services that have accessory on-site pick-up or consumption of the business's products or other products that are located within 300 feet of residential property are permitted upon approval of a conditional use permit by the Planning Commission; otherwise, the use is permitted subject to compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9). For retail bakeries and delicatessens, see Food and Beverage Sales.

USE REGULATIONS
L(5)	If the use is to be located in and completely occupy a freestanding building, the use is permitted subject to L(3) and an additional finding by the Planning Commission that the use is consistent with the administrative use permit compliance checklist conditions of approval pursuant to Article 12 of Part III of this chapter. All other uses are permitted upon approval of an administrative use permit pursuant to Article 12 of Part III of this chapter.
L(6)	Delicatessens and bakeries are permitted subject to L(3). All other uses within this classification are not permitted. For uses such as coffee shops and cafés, see Eating and/or Drinking Establishments.
L(7)	Horticultural uses in the B-P Zoning District shall include businesses engaged in growing food crops. Horticultural uses are permitted uses subject to compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9).
L(8)	The mini-storage use is permitted upon approval of a conditional use permit. In approving the use permit, the Planning Commission shall find that: a) The use, in terms of location, size, appearance and signage, will not alter the campus atmosphere of the individual building nor change the overall nature of the business park; and b) The use will provide a benefit and service to existing employers and employees of the business park; and c) The buildings occupied by this use shall not be located within 300 feet of any public street or residential property, including those exterior to the business park, nor 500 feet from an arterial roadway; and d) The site, because of its location and limited visibility, is marginally suited for independent administrative or research uses; and e) The proposed use does not create noise, light, or other negative impacts for nearby residential uses; and f) The hours of operation are limited to 7:00 a.m. to 7:00 p.m.
L(9)	Permitted subject to compliance with the off-street parking and loading regulations contained within Part III, Article 2 of this chapter.
L(10)	A temporary commercial parking lot is permitted subject to the approval of a minor use permit. A permanent commercial parking lot is permitted subject to the issuance of a conditional use permit.
L(11)	Training centers which are accessory to business and professional offices or research and development services are permitted. Business and trade schools are permitted upon approval of a conditional use permit. All other uses within this classification are permitted subject to L(3).
L(12)	Participant sports and recreation (including but not limited to basketball, indoor soccer, arena football, volleyball, lacrosse and pickleball, as well as related training and incidental spectators) are permitted within a building subject to approval of a conditional use permit. Sports training includes all types of equipment and technology relating to training. Eating and/or drinking establishments, retail sales/rentals, game centers, health clubs, and personal improvement services are permitted as accessory uses to indoor commercial recreation within a building subject to approval of a conditional use permit. The Planning Commission shall not approve a conditional use permit under this use regulation L(12) unless it finds that the uses will be compatible with the function and aesthetics of the business park. Accessory uses shall be permitted only if the Planning Commission finds that participant sports and recreation will be the primary use of the facility. Hours of operation shall not be earlier than 6:00 a.m. or later than 12:00 a.m. for primary and accessory uses. Notwithstanding the foregoing, alcoholic beverage services shall be subject to the permit requirements and regulations set forth in Article 12 of Part III of this chapter. Hours of operation for alcoholic beverage services shall be set pursuant to Article 12 of Part III of this chapter. All other primary uses within this classification are prohibited.
L(13)	Prescription pharmacies that are an integral part of, and accessory to, a complex of medical offices are permitted. Retail sales of products produced by the subject business are permitted as an accessory use to the primary use (see also the primary use regulations). If the accessory retail use is to be located in and completely occupy a freestanding building, the use is permitted upon approval of a conditional use permit. In approving the use permit the Planning Commission must find that: a) The retail use is accessory to the primary use; and b) The use, in terms of location, size, appearance and signage, will not alter the campus atmosphere of the individual buildings nor change the overall nature of the business park; and c) The use is in compliance with all performance standards in Section 10-2.2.1203, Property Development Regulations, D(9); and d) The use will provide a benefit and service to existing employers and employees of the business park; and e) The hours of operation do not negatively affect adjacent residential neighborhoods.
L(14)	Permitted subject to the issuance of a conditional use permit. In approving the use permit the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9).
L(15)	Limited industry uses as well as associated warehousing and distribution is permitted as an accessory use to business and professional offices or commercial research and development services subject to compliance with the performance standards of the B-P Zoning District in Section 10-2.2.1203, Property Development Regulations, D(9). If manufacturing (as described in the Limited Industry use classification) is the primary function of the business, the use is permitted upon approval of a conditional use permit. In approving the use permit the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9).
L(16)	Research development industry uses are permitted in the B-P-100 zoning district subject to compliance with the performance standards of the B-P Zoning District in Section 10-2.2.1203, Property Development Regulations, D(9). Research development industry uses in the B-P-200 zoning district are permitted subject to the issuance of conditional use permit. In approving the use permit, the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9).
L(17)	Park-and-ride lots, pedestrian pathways, bicycle pathways, and sheltered bus stops are permitted uses. All other uses within this classification are not permitted.
L(18)	Permitted subject to the approval of the Community and Economic Development Director.
L(19)	Skilled nursing facilities that have a typical stay of 30 days or less but no more than 100 days of stay are permitted upon approval of a conditional use permit. In approving the conditional use permit the Planning Commission shall find that: a) The hours of operation do not negatively affect nor will the use have a substantial adverse effect on any adjacent residential neighborhoods; and b) The use is in compliance with the performance standards of the B-P Zone pursuant to Section 10-2.2.1203, Property Development Regulations, D(9). All other uses within this classification are not permitted.
L(20)	Electrical substations, aboveground electrical transmission lines and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(21)	Accessory structures are permitted subject to Section 10-2.3.103, Accessory Structures, and design review, pursuant to Sections 10-2.4.1201 to 10-2.4.1210. Within the B-P-100 zone, accessory structures may be constructed to a height of 11 feet within side and rear required setbacks if screened from view from the public right-of-way by sufficient landscape screening. Flag poles, banners, and shade structures may be permitted in side and rear setbacks to a height of 18 feet.
L(22)	See the use regulation for the primary use classification.
L(23)	A property owner shall apply for a master temporary activity permit (MTAP) to allow temporary and short-term uses (including, but not limited to: arts and crafts shows, outdoor; Christmas tree sales; civic/community events; farmers markets; live entertainment events; pumpkin sales; retail sales, outdoor; vintage automobile shows; vintage vehicles; antique shows; street fairs; and similar special events as approved by the Planning Manager, or his/her designee) proposed within the boundaries of the zoning district during the calendar year. The MTAP shall be subject to the review and written approval of the Planning Manager, or his/her designee. The property owner may seek issuance of (or amendment to) the MTAP at any time during the calendar year, but regardless of the date of issuance (or amendment), the MTAP shall expire on December 31st each year. The master TAP application shall include the following information: (1) list of all temporary uses proposed starting January 1st and ending December 31st; (2) proposed dates, times, and duration of each temporary use (not to exceed four consecutive days); (3) frequency of each temporary use (i.e., one-time, daily, weekly, biweekly, monthly, quarterly, semi-annually, annually, up to a total of 50 days per year); (4) other information, as required.
L(24)	Vendor-carts that are accessory to the primary use and also that are not accessory to the primary use, such as food trucks, are permitted subject to approval of a master temporary activity permit per L(23).
L(25)	Permitted subject to the issuance of a Conditional Use Permit and Operator's Permit pursuant to Article 14 of Part III of the Zoning Ordinance.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service and Display.
(B)	See Part III, Article 2 of this chapter, Off-Street Parking and Loading.
(C)	See Part III, Article 6 of this chapter, Child Day Care Facilities.
(D)	See Part III, Article 7 of this chapter, Recycling Facilities.
(E)	See Part III, Article 12 of this chapter, Alcoholic Beverage Sales.

10-2.2.1203 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area
1. B-P-100	100,000 sq. ft.
2. B-P-200	200,000 sq. ft.
B. Minimum Lot Width
1. B-P-100	200 feet
2. B-P-200	300 feet
C. Minimum Lot Frontage
1. B-P-100	200 feet
2. B-P-200	300 feet
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(2) D(3) D(7)
1. Front		D(1) D(4)
a. B-P-100	25 feet
b. B-P-200	75 feet
2. Side	20 feet	D(1) D(4) D(5) D(6)
3. Corner Side		D(1) D(4) D(6)
a. B-P-100	25 feet
b. B-P-200	37 1/2 feet
4. Rear	20 feet	D(1) D(4) D(5) D(6)
F. Maximum Height	40 feet
G. Density
1. Commercial
a. B-P-100	.5 FAR
b. B-P-200	.3 FAR
H. Maximum Lot Coverage
1. B-P-100	50%
2. B-P-200	30%
I. Maximum Floor Area Ratio
1. B-P-100	.5 FAR
2. B-P-200	.3 FAR
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(7)
L. Fences and Walls	See Sec. 10-2.3.104.	D(8)
M. Antennas	See Sec. 10-2.3.120.
N. Nonconforming Conditions	See Part III, Article 3.
O. Elevators	See Sec. 10-2.3.124.
P. Recycling Facilities	See Part III, Article 7.
Q. Performance Standards		D(9)
R. Parking and Loading	See Part III, Article 2.	D(7)
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3, Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Storm Water Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum width of any front, side, corner side, or rear yard adjacent to Ygnacio Valley Road or Oak Grove Road shall be 75 feet.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.
D(4)	The minimum front, side, corner side, or rear yard shall be increased by one (1) foot for each one (1) foot that a building adjacent to such yard exceeds twenty (20) feet in height. Pursuant to Part IV, Article 12, Design Review, the Design Review Authority may reduce or waive the additional building setbacks required for buildings over twenty (20) feet in height upon finding that the additional setback is: (a) not needed to maintain the overall campus atmosphere of the business park; and (b) that the proposed building architecture has adequate material and building wall articulation to avoid the appearance of a large, monolithic structure.
D(5)	Where a lot has its side yard or rear yard adjacent to any residential district, the Design Review Authority, pursuant to Part IV, Article 12, Design Review, may designate such additional setback requirements necessary to protect and promote appearance, safety and welfare of surrounding properties.
D(6)	The regulations pertaining to corner side yards shall be applicable to side yards and rear yards abutting a street.
D(7)	All yards abutting on a public street, except the portion thereof necessary for driveways, sidewalks, and bicycle paths, shall be landscaped and shall be maintained in a clean and neat condition. All landscaping shall be cared for, maintained, watered, fertilized, fumigated, pruned and kept in a good and growing condition. Pursuant to Part IV, Article 12, Design Review, the Design Review Authority may permit surface parking lots within any yard abutting Oak Grove Road or Ygnacio Valley Road, but in no case shall a surface parking lot be located less than twenty-five (25) feet from Oak Grove Road and thirty-five (35) feet from Ygnacio Valley Road.
D(8)	All sites shall be fenced for the purpose of screening loading facilities or other uses which may be unsightly. Solid fences shall be required along any property line abutting a residential zone as deemed necessary by the Design Review Authority pursuant to Part IV, Article 12, Design Review, to screen loading areas, accessory buildings, or other activities from the streets. Fences within a required front yard or within a required side yard along the street side of a corner lot shall be of open construction.
D(9)	Performance standards shall be maintained as follows: a. Fire and Explosion Hazards. All activities involving and all storage of flammable and explosive material shall be provided with adequate safety devices against hazards of fire and explosion by adequate firefighting and fire-suppression equipment and devices standard in industry. All incineration shall be prohibited. b. Radioactivity and Electrical Disturbances. Devices which radiate radio frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. c. Noise. The maximum sound level radiated by any use or facility, when measured at the boundary line of the property on which sound is generated, shall not be obnoxious by reason of its duration, intensity or pitch as determined by the City. d. Vibration. No vibration shall be permitted so as to cause a noticeable tremor beyond the boundary line of the property upon which the vibration exists. e. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible smoke. f. Odors. No emission shall be permitted of odorous gases or other odorous matter. g. Air Pollution. No emission shall be permitted which causes any damage to health, animals, vegetation or other form of property, or which causes soiling, at or beyond the property line of the property where the emission is produced. h. Glare. No direct or reflected glare, whether produced by floodlights, high temperature processes such as combustion or welding, or other processes, so as to be visible from the boundary line of property on which the same is produced, shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. i. The use, in terms of location, size, appearance and signage, will not significantly alter the character of the individual buildings nor change the overall nature of the business park. j. The addition of or expansion of driveways onto or off of Ygnacio Valley Road or Oak Grove Road is prohibited. k. Food Waste. No production of fruits, vegetables, flowers, apiculture or other food production shall be managed in a way as to attract vermin or to cause a nuisance. Food waste shall be stored in appropriate enclosures such as compost cages or bins, vermiculture bins, or other food waste bins. l. A thirty-five (35) foot landscaped setback shall be maintained along Ygnacio Valley Road between Walnut Ave. and Oak Grove Road, excluding required driveways and walkways. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material.

(§2, Ord. 2037, eff. 12/17/04; §14, Ord. 2070, eff. 6/20/2008; §16, Ord. 2108, eff. 4/7/12; §1, Ord. 2138, eff. 1/15/2015; §2, Ord. 2146, eff. 4/1/2016; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1301 Purpose and Intent.

10-2.2.1302 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(I)
1. Adult Day Care Home	P
2. Congregate Living Facility	U
3. Family Day Care Home
a. Small Family Day Care Home	P	(A)
b. Large Family Day Care Home	P	(A)
4. Group Residential	U
5. Multiple Family Residential	L(28)
6. Residential Care Home	P
7. Accessory Dwelling Unit
a. Accessory Dwelling Unit	P	(L)
b. Junior Accessory Dwelling Unit	P	(L)
8. Single Family Residential
9. Supportive Housing	L(30), L(31)
10. Transitional Housing	L(30)
B. Commercial Use Classifications		(B)
1. Ambulance Services	U
2. Animal Sales and Service
a. Animal Hospital	L(2)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennel
3. Artist Studio	L(3)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(4)
(1) With Drive-up Service	U
(2) With Automated Teller Machine	L(5)
5. Catering Services	L(6)	(C)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(7)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments		(J)
a. Eating and/or Drinking Establishments	P
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(8)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(9)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(8)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(9)
(5) With Live Entertainment	P	(D) (J)
(6) With Dancing	P	(D) (J)
(7) With Take-out Service	L(11)
(a) Drive-up	L(12)
(8) With Permanent Outdoor Seating	L(13)
(9) With Off-site Distribution	U	(C)
(a) Micro-brewery	U	(C)
10. Food and Beverage Sales
a. Food and Beverage Sales	P
b. Convenience Market	P
(1) With Gasoline Sales	U	(E)(F)
c. Specialty Food Shops	P
(1) With Off-site Distribution	U	(C)
11. Funeral and Interment Services	L(14)
12. Health Clubs	P
13. Home Improvement Sales and Service	L(15)
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equipment	L(3)
17. Mini Storage
18. Nursery	L(15)
19. Offices, Business and Professional
a. Offices, Business and Professional	L(7)
(1) Offices, Medical	L(16)
20. Parking, Commercial Facility	L(17)
21. Pawn Shop	L(18)
22. Personal Improvement Services	L(19)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outside a Building
25. Research and Development Services
26. Retail Sales/Rental	L(15)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing	U
d. Automobile Wrecking
e. Service Stations	U	(E)(F)
(1) Automobile Washing	U	(F)
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U
b. Hotels	U
c. Motels	U
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(A)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum
6. Emergency Medical Care/No Inpatient	U
7. Government Offices	P
8. Hazardous Waste Management Facility
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	L(20)	(M)
12. Low Barrier Navigation Center	L(32)	(M)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(21)	(H)
(2) Small Collection Facility	L(21)	(H)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly	U
20. Residential Care Facility
21. Schools, Public or Private
22. Skilled Nursing Facilities
23. Utilities, Major	L(22)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(23)
3. Accessory Uses	L(24)
a. Garage Sales
b. Home Occupations	L(25)
c. Personal Cannabis Cultivation	L(29)	(K)
G. Temporary Uses		(B)
1. Arts and Crafts Shows, Outdoor	L(26)
2. Christmas Tree Sales	L(26)
3. Civic/Community Events	L(26)
4. Farmers Markets	L(26)
5. Live Entertainment Events	L(26)
6. Outdoor Seating/Eating and Drinking Establishment	L(13)
7. Pumpkin Sales	L(26)
8. Retail Sales, Outdoor	L(26)
9. Swap Meets, Non-Recurring	L(26)
10. Swap Meets, Recurring	L(26)
11. Street Fairs	L(26)
12. Vendor Carts	L(27)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Animal Hospitals/Vet Services are permitted subject to the issuance of a Conditional Use Permit and shall not include the boarding of animals except for convalescence or medical examination.
L(3)	Permitted provided that the primary use of the facility is retail sales. Where retail sales are not the primary use of the facility, the uses are not permitted.
L(4)	Facilities that have a gross floor area of 1,000 square feet or less are permitted. Facilities that exceed 1,000 square feet in gross floor area are permitted on approval of a Conditional Use Permit.
L(5)	If the ATM is to be located on the exterior wall of an existing bank or an off-site building, it shall be reviewed and approved by the Community Development Director. In approving the exterior ATM, the Community Development Director shall find that the ATM has adequate security and lighting and that queuing for the ATM does not impede pedestrian or vehicle traffic flow. A Conditional Use Permit shall be required if located in the Community Commercial district north of Geary Road. In addition to the findings listed above, the following findings must be made: a. The site fronts North Main Street with access from North Main Street, b. There is adequate space for short-term parking, and c. The ATM activity will not negatively impact the abutting residential area.
L(6)	Permitted as an accessory use associated with Food and Beverage Sales or an Eating and Drinking Establishment, otherwise not permitted.
L(7)	Permitted on floors above the ground level or on the ground level on approval of a Conditional Use Permit. In approving the use permit, the Planning Commission shall find that the proposed location is not suitable for retail use by virtue of its location, configuration, or relationship to streets, driveways or access ways.
L(8)	Permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(9)	Not permitted if located within 600 feet of the boundary of any school (as defined in Article 4, Sec. 10-2.1.403.E) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(10)	Not permitted if located within 600 feet of a school. A Conditional Use Permit shall be required if is to be located within 600 feet of the boundary of any hospital or residential zoning district, otherwise it is a permitted use. The criteria found in Section 10-2.4.605 shall not apply to such conditional use permit, nor shall any such use permit be modified or revoked except for reasons related to this paragraph. The Planning Commission shall grant the conditional use permit unless it finds that (1) noise from the interior of the facility will be audible from the hospital or residentially zoned property, or (2) noise from the parking lot, other than normal conversation levels, will be audible to the hospital or residentially zoned property.
L(11)	If the use is to be located in a freestanding building, the use is permitted upon approval of a Conditional Use Permit. If the use is not located in a freestanding building, the use is permitted. In the Community Commercial district north of Geary Road, the use is permitted.
L(12)	A Conditional Use Permit is required. In the Community Commercial district north of Geary Road/Treat Boulevard, the use is prohibited. As an incentive to encourage development of the former co-op site and adjacent gas station site, (1510 Geary Road) a drive-thru restaurant may be conditionally permitted if it is associated with a larger development. If a Conditional Use Permit is not approved by September 11, 1998, the drive-thru use is prohibited.
L(13)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12. Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(14)	Mortuaries are permitted upon approval of a Conditional Use Permit. All other uses within this category are not permitted.
L(15)	Permitted provided that all activity is conducted entirely within an enclosed building. Uses that include outdoor sales are permitted upon approval of a Conditional Use Permit subject to a finding that the outdoor sales does not negatively impact any abutting residential uses.
L(16)	Services of an optometrist in conjunction with retail sales of prescription and non-prescription eyeglasses is a permitted use. Other medical offices are permitted subject to L(7).
L(17)	A Temporary Commercial Parking Lot is permitted subject to the approval of a Minor Use Permit. A Permanent Commercial Parking Lot is permitted subject to the issuance of a Conditional Use Permit.
L(18)	In the Community Commercial district north of Geary Road, the use is prohibited; otherwise permitted.
L(19)	Business and Trade Schools are permitted subject to the issuance of a Conditional Use Permit. Fine arts, crafts, dance or music studios, exercise or aerobic studios, driving schools, and diet centers are permitted.
L(20)	A Conditional Use Permit shall be required if housing for the homeless is to be located on any parcel within 600 feet of the boundary of any residential zoning district, otherwise it is a permitted use.
L(21)	Permitted subject to the approval of the Community Development Director.
L(22)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(23)	Accessory structures are permitted subject to Sec. 10-2.2.1304. Property Development Regulations.
L(24)	See the use regulation for the primary use classification.
L(25)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations).
L(26)	Permitted subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(27)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment and are not within the public right-of-way.
L(28)	Conditionally permitted in areas designated as Mixed Use Commercial Emphasis (MU-C) or Mixed Use Residential Emphasis (MU-R) by the Walnut Creek General Plan, in all other General Plan land use classifications if at least 90 percent of the dwelling units are restricted units for low or very low income households, and in areas where multiple family residential uses are allowed pursuant to a specific plan; otherwise not permitted.
L(29)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(30)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(31)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(32)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Part III, Article 6. Child Day Care Facilities.
(B)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(C)	See Sec. 10-2.3.123. Off-site Distribution, Eating and Drinking Establishments and Specialty Food Shops.
(D)	See Municipal Code, Title 4. Chapter 11. Public Dance Permits.
(E)	See Sec. 10-2.3.122. Service Stations; Convenience Markets with Gasoline Sales.
(F)	See Part III, Article 8. Concurrent Sales.
(G)	See Part III, Article 2. Off-street Parking and Loading Regulations.
(H)	See Part III, Article 7. Recycling Facilities.
(I)	See Part III, Article 9. Inclusionary Housing.
(J)	See Part III, Article 12. Alcoholic Beverage Sales.
(K)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(L)	See Part III, Article 5, Accessory Dwelling Units.
(M)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.1303 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1) D(2)
1. Front	10'	D(3)
2. Side	10'
3. Corner Side	10'	D(3)
4. Rear	20'
F. Maximum Height		D(4)
G. Density
1. Residential		D(5)
2. Commercial	.3 FAR
3. Mixed Use	.3 FAR	D(5)
H. Maximum Lot Coverage	NA
I. Maximum Net Floor Area Ratio	.3 FAR
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(6)
L. Storage Space for Residential Units	200 cubic feet	D(7)
M. Fences and Walls	See Sec. 10-2.3.104.
N. Antennas	See Sec. 10-2.3.120.
O. Non-Conforming Conditions	See Part III, Article 3.
P. Elevators	See Sec. 10-2.3.124.
Q. Recycling Facilities	See Part III, Article 7.
R. Parking and Loading	See Part III, Article 2.
S. Signs	See Title 10, Chapter 8.
T. Preservation of Trees	See Title 3. Chapter 8.
U. Hillside Performance Standards	See Part III, Article 4.
V. Stormwater Control	See Title 9, Chapter 16
W. Private Residential Outdoor Space	See Sec. 10-2.3.126.
X. Courts	See Sec. 10-2.3.127.
Y. Lighting	See Sec. 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(2)	Refer to the Zoning Map for Future Street Line Setbacks.
D(3)	If the front lot line is substantially a continuation of a front lot line of an abutting lot that is in a residential zone district (even if it is separated by a street), the front setback shall be not less than the required front setback in the abutting residential zone district.
D(4)	The maximum building height shall be 20 feet unless otherwise specified by the Zoning Map.
D(5)	For residential development refer to the General Plan—Chapter 4, Figure 9 (Mixed Use Floor Area Ratios).
D(6)	The minimum required front and corner side setbacks shall be landscaped. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(7)	The private storage space for a residential unit shall be weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two or more locations.

(§5, Ord. 1908, eff. 10/16/97; §15, Ord. 2070, eff. 6/20/2008; §2, Ord. 2037, eff. 12/17/04; §17, Ord. 2108, eff. 4/7/12; §8, Ord. 2145, eff. 3/4/16; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1401 Purpose and Intent.

10-2.2.1402 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(C)
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Center	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(E)
b. Junior Accessory Dwelling Unit	P	(E)
8. Single Family Residential	L(1)
B. Commercial Use Classifications		(A)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables	U
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(D)
a. Eating and/or Drinking Establishments	L(2)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(2)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(3)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(2)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(3)
(5) With Live Entertainment	P	(D)
(6) With Dancing	P	(D)
(7) With Take-out Service
(a) Drive-up
(8) With Permanent Outdoor Seating	L(3)
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building	L(3)
25. Research and Development Services
26. Retail Sales/Rental	L(3)
27. Vehicle/Equipment Sales and Service
a. Automobile Sales/New and Used
b. Automobile Washing
c. Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museum	P
6. Emergency Medical Care/No Inpatient
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care
b. Other
12. Maintenance and Service Facilities
13. Park and Recreation Facilities	P
14. Public Parking Facilities
15. Public Safety Facilities
16. Public Transit Terminals
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(4)	(B)
(2) Small Collection Facility	L(4)	(B)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private
21. Skilled Nursing Facilities
22. Utilities, Major	L(5)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure
3. Accessory Uses
a. Accessory Uses	L(6)
(1) Garage Sales
(2) Home Occupations
(3) Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor	L(7)
2. Christmas Tree Sales	L(7)
3. Civic/Community Events	L(7)
4. Farmers Markets	L(7)
5. Live Entertainment Events	L(7)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(7)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts	L(7)

USE REGULATIONS
L(1)	Single Family Residential uses shall be permitted for caretakers, docents, park rangers and watchmen.
L(2)	Permitted as an accessory use in Cultural Institutions and Park and Recreation Facilities upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(3)	Permitted as an accessory use in Cultural Institutions and Park and Recreation Facilities upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance.
L(4)	Permitted upon approval by the Community Development Director.
L(5)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(6)	See the use regulations for the primary use classification.
L(7)	Permitted subject to the approval of a Temporary Activity Permit.

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(B)	See Part III, Article 7. Recycling Facilities.
(C)	See Part III, Article 9. Inclusionary Housing.
(D)	See Part III, Article 12. Alcoholic Beverage Sales.
(E)	See Part III, Article 5. Accessory Dwelling Units.
(F)	See Part III, Article 6. Child Day Care Facilities.

10-2.2.1403 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	NA
B. Minimum Lot Width	NA
C. Minimum Lot Frontage	NA
D. Minimum Lot Depth	NA
E. Minimum Setbacks		D(1)
F. Maximum Height		D(2)
G. Density		D(3)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(3)
J. Design Review	See Sec. 10-2.4.1202.
K. Fences and Walls	See Sec. 10-2.3.104.
L. Antennas	See Sec. 10-2.3.120.
M. Non-Conforming Conditions	See Part III, Article 3.
N. Recycling Facilities	See Part III, Article 7.
O. Parking and Loading	See Part III, Article 2.
P. Signs	See Title 10, Chapter 8.
Q. Preservation of Trees	See Title 3. Chapter 8.
R. Hillside Performance Standards	See Part III, Article 4.
S. Stormwater Control	See Title 9, Chapter 16
T. Landscaping	See Part III, Article 11.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Minimum setback requirements shall be determined on a case by case basis in the approval of a site plan.
D(2)	The maximum height limitation shall be 25 feet unless otherwise shown on the Zoning Map.
D(3)	The maximum density shall be determined on a case by case basis but in no case shall exceed .1 du/acre or a .1 FAR.

(§2, Ord. 2037, eff. 12/17/04; §16, Ord. 2070, eff. 6/20/2008; §18, Ord. 2108, eff. 4/7/12)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1501 Purpose and Intent.

10-2.2.1502 Land Use Regulations.

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home
b. Large Family Day Care Home
4. Group Residential
5. Multiple Family Residential
6. Residential Care Home
7. Accessory Dwelling Unit
8. Single Family Residential
B. Commercial Use Classifications		(A)
1. Ambulance Services
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(C)
a. Eating and/or Drinking Establishments	L(2)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(1)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(2)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(1)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(2)
(5) With Live Entertainment	P	(C)
(6) With Dancing	P	(C)
(7) With Take-out Service
(a) Drive-up
(8) With Permanent Outdoor Seating
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional
(1) Offices, Medical
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building	L(3)
b. Outside a Building	L(4)
25. Research and Development Services
26. Retail Sales/Rental
27. Vehicle/Equipment Sales and Service
a. Automobile Sales/New and Used
b. Automobile Washing
c. Automobile Wrecking
d. Service Stations
(1) Automobile Washing
e. Vehicle/Equipment Repair
(1) Limited Vehicle Service
f. Vehicle/Equipment Sales and Rentals
g. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U
3. Clubs and Lodges
4. College, Public or Private	U
5. Cultural Institutions
a. Cultural Institutions	U
b. Natural History/Science Museum	U
6. Emergency Medical Care/No Inpatient
7. Government Offices	U
8. Hazardous Waste Management Facility
9. Heliports
10. Housing for the Homeless/Emergency Shelters	U	(D)
11. Hospitals
a. Acute Care	U
b. Other
12. Maintenance and Service Facilities	U
13. Park and Recreation Facilities	U
14. Public Parking Facilities	U
15. Public Safety Facilities	U
16. Public Transit Terminals	U
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(5)	(B)
(2) Small Collection Facility	L(5)	(B)
(3) Large Collection Facility
b. Processing Facility
18. Religious Assembly
19. Residential Care Facility
20. Schools, Public or Private	U
21. Skilled Nursing Facilities
22. Utilities, Major	L(6)
23. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure
3. Accessory Uses
a. Accessory Use	L(7)
b. Garage Sales
(1) Home Occupations
c. Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor	L(8)
2. Christmas Tree Sales	L(8)
3. Civic/Community Events	L(8)
4. Farmers Markets	L(8)
5. Live Entertainment Events	L(8)
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales	L(8)
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs	L(8)
12. Vendor Carts	L(8)

USE REGULATIONS
L(1)	Permitted as an accessory use in cultural, educational and governmental uses upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance, provided there is not separate entrance to the use and there is no signage advertising the use.
L(2)	Permitted as an accessory use in cultural, educational and governmental uses upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance, provided there is not separate entrance to the use and there is no signage advertising the use.
L(3)	Live performing arts theaters are permitted upon approval of a conditional use permit. All other uses within this classification are not permitted.
L(4)	Commercial golf courses and driving ranges are permitted upon approval of a conditional use permit. All other uses within this classification are not permitted.
L(5)	Permitted upon approval by the Community Development Director.
L(6)	Electrical substations, aboveground electrical transmission lines, water pumping stations, flood control or drainage facilities, rights-of-way and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(7)	See the use regulation for the primary use classification.
L(8)	Permitted subject to the approval of Temporary Activity Permit.

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(B)	See Part III, Article 7. Recycling Facilities.
(C)	See Part III, Article 12. Alcoholic Beverage Sales.
(D)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.1503 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
B. Minimum Lot Width		D(1)
C. Minimum Lot Frontage		D(1)
D. Minimum Lot Depth		D(1)
E. Minimum Setbacks
1. Front		D(1)
2. Side		D(1)
3. Corner Side		D(1)
4. Rear		D(1)
F. Maximum Height		D(2)
G. Density		D(3)
H. Maximum Lot Coverage		D(1)
I. Maximum Floor Area Ratio		D(3)
J. Design Review	See Sec. 10-2.4.1202.
K. Landscaping	See Part III, Article 11.	D(1)
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Recycling Facilities	See Part III, Article 7.
P. Parking and Loading		D(1)
Q. Signs	See Title 10, Chapter 8.
R. Preservation of Trees	See Title 3. Chapter 8.
S. Hillside Performance Standards	See Part III, Article 4.
T. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

D(2)

Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.

D(3)

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

(§2, Ord. 2037, eff. 12/17/04; §17, Ord. 2070, eff. 6/20/2008; §19, Ord. 2108, eff. 4/7/12; §11, Ord. 2200, eff. 12/6/19; §9, Ord. 2209, eff. 3/19/21)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1601 Purpose and Intent.

10-2.2.1602 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(C)
1. Adult Day Care Home
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(G)
b. Large Family Day Care Home	P	(G)
4. Group Residential	U
5. Multiple Family Residential	U
6. Residential Care Home
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(E)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(11), L(12)
10. Transitional Housing	L(11)
B. Commercial Use Classifications		(A)
1. Ambulance Services	U
2. Animal Sales and Service
a. Animal Hospital
b. Animal: Retail Sales and Grooming
c. Horse Stables
d. Kennel
3. Artist Studio
4. Banks and Savings and Loans
a. Banks and Savings and Loans
(1) With Drive-up Service
(2) With Automated Teller Machine
5. Catering Services
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities
8. Custom Manufacturing
9. Eating and/or Drinking Establishments		(D)
a. Eating and/or Drinking Establishments	L(1)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(1)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(2)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(1)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(2)
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Service
(a) Drive-up
(8) With Permanent Outdoor Seating	L(1)
(9) With Off-site Distribution
(a) Micro-brewery
10. Food and Beverage Sales
a. Food and Beverage Sales
b. Convenience Market
(1) With Gasoline Sales
c. Specialty Food Shops
(1) With Off-site Distribution
11. Funeral and Interment Services
12. Health Clubs
13. Home Improvement Sales and Service
14. Horticultural Establishment
15. Lumber and Building Material Yard
16. Maintenance and Repair Service/Small Equip
17. Mini Storage
18. Nursery
19. Offices, Business and Professional
a. Offices, Business and Professional	L(3)
(1) Offices, Medical	L(3)
20. Parking, Commercial Facility
21. Pawn Shop
22. Personal Improvement Services
23. Personal Services
24. Recreation and Entertainment, Commercial
a. Within a Building
b. Outside a Building
25. Research and Development Services	L(4)
26. Retail Sales/Rental	L(5)
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing
b. Automobile Sales/New and Used
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns
b. Hotels
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facility
2. Child Day Care Facility (Day Care Center)
3. Clubs and Lodges
4. College, Public or Private
5. Cultural Institutions
a. Cultural Institutions
b. Natural History/Science Museum
6. Emergency Medical Care
7. Government Offices
8. Hazardous Waste Management Facility
9. Heliports	L(6)
10. Housing for the Homeless/Emergency Shelters
11. Hospitals
a. Acute Care	P
b. Other	P
12. Low Barrier Navigation Center	L(13)	(F)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities
15. Public Parking Facilities
16. Public Safety Facilities
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine Facility	L(7)	(B)
(2) Small Collection Facility	L(7)	(B)
(3) Large Collection Facility
b. Processing Facility
19. Religious Assembly
20. Residential Care Facility	U
21. Schools, Public or Private
22. Skilled Nursing Facilities	P
23. Utilities, Major	L(8)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(9)
3. Accessory Uses
a. Accessory Uses	L(10)
b. Garage Sales
c. Home Occupations
d. Personal Cannabis Cultivation
G. Temporary Uses		(A)
1. Arts and Crafts Shows, Outdoor
2. Christmas Tree Sales
3. Civic/Community Events	L(11)
4. Farmers Markets
5. Live Entertainment Events
6. Outdoor Seating/Eating and Drinking Estab
7. Pumpkin Sales
8. Retail Sales, Outdoor
9. Swap Meets, Non-Recurring
10. Swap Meets, Recurring
11. Street Fairs
12. Vendor Carts

USE REGULATIONS
L(1)	Eating and drinking facilities that are an integral part of and ancillary to the hospital facility are a permitted use. Sales and service of alcoholic beverages are permitted upon approval of an Administrative Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. All other eating and drinking facilities are not permitted.
L(2)	Sales and service of alcoholic beverages are permitted as an accessory use upon approval of a Conditional Use Permit pursuant to Article 12 of Part III of the Zoning Ordinance. All other eating and drinking facilities are not permitted.
L(3)	Business and Professional Offices which are directly related to the operation of the hospital facility are a permitted use. All other Business and Professional Offices are not permitted.
L(4)	Research and Development Services which are an integral part of the hospital facility are a permitted use. All other Research and Development Services are not permitted.
L(5)	Prescription pharmacies and/or retail facilities (including gift shops) which are an integral part of the hospital facility are a permitted use. All other Retail Sales/Rental facilities are not permitted.
L(6)	Heliports which meet the criteria for providing "emergency aircraft flights for medical purposes" under Public Utilities Code Section 21662.4 are a permitted use. The location of the heliport shall be reviewed and approved by the Planning Commission pursuant to Part IV, Article 12, Design Review. All other heliports are not permitted.
L(7)	Reverse Vending Machine Facilities and Small Collection Facilities are permitted upon approval by the Community Development Director.
L(8)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(9)	Accessory structures are permitted subject to Sec. 10-2.2.1604. Property Development Regulation.
L(10)	See the use regulations for the primary use classification.
L(11)	Permitted subject to the approval of Temporary Activity Permit.
L(12)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(13)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(14)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code and Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.121. Regulations for Outdoor Sales, Service, Display.
(B)	See Part III, Article 7. Recycling Facilities.
(C)	See Part III, Article 9. Inclusionary Housing.
(D)	See Part III, Article 12. Alcoholic Beverage Sales.
(E)	See Part III, Article 5. Accessory Dwelling Units.
(F)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.
(G)	See Part III, Article 6, Child Day Care Facilities.

10-2.2.1603 Permit Required.

10-2.2.1604 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area		D(1)
B. Minimum Lot Width		D(1)
C. Minimum Lot Frontage		D(1)
D. Minimum Lot Depth		D(1)
E. Minimum Setbacks
a. Front		D(1)
b. Side		D(1)
c. Corner Side		D(1)
d. Rear		D(1)
F. Maximum Height		D(2)
G. Maximum Floor Area Ratio
a. Core Area	.95 FAR
b. Outside the Core Area	.6 FAR
H. Maximum Lot Coverage		D(1)
I. Landscaping	See Part III, Article 11.	D(1)
J. Fences and Walls	See Sec. 10-2.3.104.
K. Antennas	See Sec. 10-2.3.120.
L. Non-Conforming Conditions	See Part III, Article 7.
M. Parking and Loading	See Part III, Article 2.
N. Signs	See Title 10, Chapter 8.
O. Preservation of Trees	See Title 3. Chapter 8
P. Hillside Performance Standards	See Part III, Article 4.
Q. Stormwater Control	See Title 9, Chapter 16.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	The minimum lot area, lot width, lot frontage, lot depth, setback and landscaping requirements shall be determined in the approval of the Planned Development Permit.
D(2)	Refer to the Zoning Map.

(§2, Ord. 2037, eff. 12/17/04; §18, Ord. 2070, eff. 6/20/2008; §20, Ord. 2108, eff. 4/7/12)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.1701 Purpose and Intent.

10-2.2.1702 Applicability.

10-2.2.1703 Initiation of Zone Change.

10-2.2.1704 Planned Development Permit.

10-2.2.1705 Data Required.

In requesting approval of a zoning amendment to Planned Development, the applicant shall provide the Planning Commission and the Council with:

A. A complete proposed street and lot lay-out;

B. Elevations of all buildings proposed;

C. A contour map with five (5) foot intervals where the slope is five (5) percent or more and one foot intervals where the slope is less than five (5) percent;

D. Proposed use designations;

E. A comparison of anticipated differences between existing zoning ordinance standards and the proposed plan, where applicable; and

F. Such other data as required.

10-2.2.1706 Approval of Plans.

10-2.2.1707 Zoning.

10-2.2.1708 Grading.

The grading of land and maximum height of graded slopes shall be governed by provisions of Chapter 8, Title 9 of the Walnut Creek Municipal Code.

10-2.2.1709 Design Review Required.

Upon receipt of a request for P-D zoning or for the amendment of any existing P-D zoning, the following steps shall be followed:

C. Upon completion of the Design Review Commission's analysis, the planned development request shall be processed pursuant to the provisions of this article.

10-2.2.1710 Private Storage Space.

10-2.2.1711 Building Height.

10-2.2.1712 Water Efficient Landscaping.

10-2.2.1713 Alcoholic Beverage Sales Ordinance.

10-2.2.1714 Private Residential Outdoor Space.

Each new residential development shall conform to the provisions outlined in Section 10-2.3.126, Private Residential Outdoor Space. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1715 Courts.

Each new residential development shall conform to the provisions outlined in Section 10-2.3.127, Courts. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1716 Lighting.

Each new residential development shall conform to the provisions outlined in Section 10-2.3.128, Lighting. (§4, Ord. 2239, eff. 7/5/24)

10-2.2.1717 Compliance With Standards.

10-2.2.1718 Transfer of Duties.

10-2.2.1801 Purpose.

The purpose of the overlay zoning district is to allow for additional control on an individual lot or a group of lots that will supersede the requirements of the underlying zone.

The overlay zoning classification will primarily be used for the following reasons:

A. To allow for flexibility from the normal requirements of the underlaying zone;

B. To ensure the preservation of specific feature(s) subject to the site(s);

C. To ensure the preservation of the character of the area in proximity to the subject site(s).

10-2.2.1802 Regulations.

When the overlay zone is imposed, the City shall enact specific criteria and standards for the development of the lot or lots in question.

10-2.2.1803 Transfer of Duties.

10-2.2.1901 Summary Table of Use Regulations.* Revised 4/25

In the following table, the letters in the "Use Regulation" columns are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations. (See individual zoning districts for specific limitations.)
U	=	A use permitted on approval of a Conditional Use Permit.
N	=	Not permitted.
*	Code reviser's note: Land use regulations for the MU-C and MU-R districts are provided in §§ 10-2.2.2102 and 10-2.2.2202 respectively.

LAND USE	ZONING DISTRICT USE REGULATIONS
LAND USE	R	D-3	M	M-H-D1	H-P-D1	P-R	C-R	O-C	M-U2	AS-CM	S-C	B-P	C-C	O-S-R	C-F	HO-PD1	SFH-PD11	MU-D
A. Residential Use Classifications
1. Adult Day Care Home	P	P	P	P	P	P	P	P	P	P	P	N	P	N	N	N	P	P
2. Congregate Living Facility	N	N	U	P	N	L	U	L	N	L	P	N	U	N	N	N	N	L
3. Family Day Care Home
a. Sml Fam Day Care Home	P	P	P	P	P	P	P	P	P	P	P	N	P	P	N	P	P	P
b. Lrg Fam Day Care Home	P	P	P	P	P	P	P	P	P	P	P	N	P	P	N	P	P	P
4. Group Residential	N	N	P	N	N	L	U	L	N	L	U	N	U	N	N	U	N	L
5. Multiple Family Residential	N	L	P	P	N	L	U	L	N	P	U	N	U	N	N	U	N	L
6. Residential Care Home	P	P	P	P	P	P	P	L	N	P	P	N	P	N	N	N	P	L
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	P	P	P	P	N	N	N	P	N	N	N	N	P	N	P	P	P
b. Junior Accessory Dwelling Unit	P	P	L	N	P	N	N	N	N	N	N	N	N	P	N	N	P	N
8. Single Family Residential	P	P	L	N	P	N	N	N	N	N	N	N	N	L	N	N	P	N
B. Commercial Use Classifications
1. Ambulance Services	N	N	N	N	N	N	P	N	N	N	U	N	U	N	N	U	N	N
2. Animal Sales and Service
a. Animal Hospital	N	N	N	N	N	N	L	L	N	N	P	N	L	N	N	N	N	L
b. Animal: Retail Sales and Grooming	N	N	N	N	N	P	P	L	P	N	P	N	P	N	N	N	N	P
c. Horse Stables	L	N	N	N	L	N	N	N	N	N	N	N	N	U	N	N	N	N
d. Kennel	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N	L
3. Artist Studio	N	N	N	N	N	L	L	L	L	N	P	P	L	N	N	N	N	P
4. Banks and Savings and Loans
a. Banks and Savings and Loans	N	N	L	N	N	L	P	U	L	N	L	L	L	N	N	N	N	P
(1) With Drive-up Service	N	N	N	N	N	N	P	L	N	N	N	N	U	N	N	N	N	N
(2) With Automated Teller Machine	N	N	L	L	N	L	P	U	L	N	N	L	L	N	N	N	N	P
5. Catering Services	N	N	N	N	N	L	L	L	N	L	P	L	L	N	N	N	N	L
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation			N					N	N									N
b. Commercial Cannabis Distribution			N					N	N									N
c. Commercial Cannabis Manufacturing			N					N		N								N
d. Commercial Cannabis Retail Dispensary			N					N		N								N
(1) With Cannabis Delivery			N					N		N								N
e. Non-Storefront Medical Cannabis Delivery-Only Operation			N					N		N								N
f. Non-Storefront Recreational Cannabis Delivery-Only Operation			N					N		N								N
g. Commercial Cannabis Testing Laboratory			N					N		N								N
7. Communication Facilities	N	N	N	N	N	L	L	L	L	L	P	P	L	N	N	N	N	L
8. Custom Manufacturing	N	N	N	N	N	L	L	N	L	L	P	N	L	N	N	N	N	L
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishment	N	N	L	L	N	P	P	L	L	P	P	L	P	L	L	L	N	L
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	N	N	L	L	N	P	P	L	L	L	P	L	P	L	L	L	N	L
(2) With Wine and Beer Service Ending After 11:00 p.m.			L					L		L								N
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	N	N	L	L	N	L	L	L	L	L	L	L	L	L	L	L	N	L
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.			L					L		L								N
(5) With Live Entertainment	N	N	N	N	N	L	L	P	N	P	L	N	L	L	L	N	N	N
(6) With Dancing	N	N	N	N	N	L	L	P	N	P	L	N	L	L	L	N	N	N
(7) With Take-out Service	N	N	L	L	N	L	P	L	L	P	P	L	L	N	N	N	N	L
(a) Drive-up	N	N	N	N	N	N	U	N	N	U	U	N	L	N	N	N	N	N
(8) With Permanent Outdoor Seating	N	N	L	L	N	L	L	L	N	L	L	L	L	L	N	L	N	L
(9) With Off-site Distribution	N	N	N	N	N	U	U	U	N	U	P	N	U	N	N	N	N	U
(a) Micro-brewery	N	N	L	L	N	U	U	U	N	U	P	N	U	N	N	N	N	U
10. Food and Beverage Sales
a. Food and Beverage Sales	N	N	L	L	N	L	P	L	N	N	P	N	P	N	N	N	N	L
b. Convenience Market	N	N	L	L	N	N	P	L	N	N	L	N	P	N	N	N	N	L
(1) With Gasoline Sales	N	N	N	N	N	N	U	N	N	N	U	N	U	N	N	N	N	N
c. Specialty Food Shops	N	N	L	L	N	L	P	L	P	L	P	L	P	N	N	N	N	L
(1) With Off-site Distribution	N	N	N	N	N	U	U	L	N	L	P	N	U	N	N	N	N	U
11. Funeral and Interment Services	N	N	N	N	N	N	L	N	N	N	L	N	L	N	N	N	N	N
12. Health Clubs	N	N	L	L	N	U	U	L	L	L	P	L	P	N	N	N	N	U
13. Home Improvement Sales and Service	N	N	N	N	N	L	L	N	N	N	P	N	L	N	N	N	N	L
14. Horticultural Establishment	N	N	N	N	N	N	N	N	N	N	P	N	N	N	N	N	N	N
15. Lumber and Building Material Yard	N	N	N	N	N	N	N	N	N	N	P	N	N	N	N	N	N	N
16. Maintenance and Repair Service/Small Equip	N	N	N	N	N	L	L	L	L	N	P	N	L	N	N	N	N	P
17. Mini Storage	N	N	N	N	N	N	N	N	N	N	P	U	N	N	N	N	N	N
18. Nursery	N	N	N	N	N	N	P	N	N	N	P	N	L	N	N	N	N	N
19. Offices, Business and Professional
a. Offices, Business and Professional	N	N	N	N	N	L	L	L	L	L	L	P	L	N	N	L	N	L
b. Offices, Medical	N	N	N	N	N	L	L	L	L	L	L	L	L	N	N	L	N	L
20. Parking, Commercial Facility	N	N	N	N	N	L	L	L	N	P	P	L	L	N	N	N	N	U
21. Pawn Shop	N	N	N	N	N	P	P	L	P	N	P	N	L	N	N	N	N	P
22. Personal Improvement Services	N	N	L	L	N	L	L	U	L	L	P	L	L	N	N	N	N	L
23. Personal Services	N	N	L	L	N	L	P	L	L	N	P	L	P	N	N	N	N	P
24. Recreation and Entertainment, Commercial
a. Within a Building	N	N	N	N	N	L	P	N	N	N	U	U	U	N	L	N	N	U
b. Outside a Building	L	N	N	N	L	N	N	N	N	N	U	N	N	L	L	N	N	N
25. Research and Development Services	N	N	N	N	N	N	U	L	N	N	P	P	N	N	N	L	N	N
26. Retail Sales/Rental	N	N	L	L	N	L	L	L	P	L	P	L	L	L	N	L	N	L
27. Vehicle/Equipment Sales and Service
a. Automobile Rental/Leasing	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	L
b. Automobile Sales/New and Used	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	L
c. Automobile Washing	N	N	N	N	N	N	U	N	N	L	U	N	U	N	N	N	N	N
d. Automobile Wrecking	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
e. Service Stations	N	N	N	N	N	L	U	L	N	L	U	N	U	N	N	N	N	N
(1) Automobile Washing	N	N	N	N	N	L	U	L	N	L	U	N	U	N	N	N	N	N
f. Vehicle/Equipment Repair	N	N	N	N	N	N	N	N	N	L	L	N	N	N	N	N	N	N
(1) Limited Vehicle Service	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	N
g. Vehicle/Equipment Sales and Rentals	N	N	N	N	N	N	U	N	N	L	L	N	N	N	N	N	N	L
h. Vehicle Storage	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N		N	N
28. Visitor Accommodations
a. Bed and Breakfast Inns	U	U	U	N	N	U	P	L	N	N	P	N	U	N	N	N	U	L
b. Hotels	N	N	N	N	N	U	P	L	N	N	P	N	U	N	N	N	N	P
c. Motels	N	N	N	N	N	U	P	L	N	N	P	N	U	N	N	N	N	N
C. Industrial Use Classifications
1. General Industry	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
2. Limited Industry	N	N	N	N	N	N	N	N	N	N	U	L	N	N	N	N	N	N
3. Research Development Industry	N	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N
4. Wholesaling, Distribution and Storage	N	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N	N
D. Agricultural Use Classifications
1. Animal Husbandry	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
2. Crop Production	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
E. Community Facility Use Classifications
1. Adult Day Care Facility	U	U	U	U	N	L	U	L	N	U	U	U	U	N	U	N	U	L
2. Child Day Care Facility (Day Care Center)	U	U	U	U	L	U	U	L	N	U	U	U	U	N	U	N	U	L
3. Clubs and Lodges	N	L	U	N	N	N	U	L	N	N	U	N	N	N	N	N	N	L
4. College, Public or Private	U	U	U	N	P	N	U	L	N	N	N	U	N	N	U	N	N	L
5. Cultural Institutions
a. Cultural Institutions	U	U	U	N	N	P	U	U	N	N	P	U	U	P	U	N	N	P
b. Natural History/Science Museum	U	U	U	N	N	P	U	U	N	N	P	U	N	P	U	N	N	P
6. Emergency Medical Care	N	N	N	N	N	N	U	L	N	N	U	N	U	N	N	N	N	N
7. Government Offices	N	N	N	N	N	P	P	L	P	L	P	P	P	N	U	N	N	L
8. Hazardous Waste Management Facility	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
9. Heliports	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	L	N	N
10. Hospitals
a. Acute Care	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	P	N	N
b. Other	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	P	N	N
11. Housing for the Homeless/Emergency Shelters	N	N	L	N	N	U	L	U	N	L	N	N	L	N	U	N	N	U
12. Maintenance and Service Facilities	N	N	N	N	N	N	N	N	N	N	U	N	N	N	U	N	N	N
13. Park and Recreation Facilities	L	L	P	P	P	P	P	L	N	P	P	U	P	P	U	N	L	L
14. Public Parking Facilities	N	N	N	N	N	P	P	P	N	P	P	P	P	N	U	N	N	P
15. Public Safety Facilities	U	N	U	U	N	P	P	P	P	P	P	P	P	N	U	N	U	P
16. Public Transit Terminals	N	N	N	N	N	N	N	N	N	N	N	L	N	N	U	N	N	N
17. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
(2) Small Collection Facility	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
(3) Large Collection Facility	N	N	N	N	N	N	N	N	N	U	U	N	N	N	N	N	N	N
b. Processing Facility	N	N	N	N	N	N	N	N	N	U	N	N	N	N	N	N	N	N
18. Religious Assembly	U	U	U	N	P	U	U	U	N	N	N	N	U	N	N	N	U	L
19. Residential Care Facility	L	L	U	U	N	N	U	L	N	N	N	N	N	N	N	U	L	L
20. Schools, Public or Private	U	U	U	N	P	N	U	L	N	N	N	N	N	N	U	N	U	L
21. Skilled Nursing Facilities	N	U	U	N	N	N	U	L	N	N	N	N	N	N	N	P	N	L
22. Utilities, Major	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	N	L
23. Utilities, Minor	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
F. Accessory Uses
1. Accessory Living Quarters	L	L	L	N	L	N	N	N	N	N	N	N	N	N	N	N	L	N
2. Accessory Structure	L	L	L	L	L	L	L	L	L	L	L	L	L	N	N	L	L	L
3. Accessory Uses	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
a. Garage Sales	P	P	P	P	P	N	N	N	N	N	N	N	N	N	N	N	P	N
b. Home Occupations	L	L	L	L	L	L	L	L	L	L	L	N	L	N	N	N	L	L
c. Personal Cannabis Cultivation			L					L		N								L
G. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L	L	L	L	L	L	L	L	N	L	L	L	L	L	L	N	L	L
2. Christmas Tree Sales	L	L	L	N	N	L	L	L	N	L	L	L	L	L	L	N	L	L
3. Civic/Community Events	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L	L
4. Farmers Markets	L	L	L	N	N	L	L	L	N	L	L	L	L	L	L	N	L	L
5. Live Entertainment Events	L	L	L	L	L	L	L	L	N	L	L	L	L	L	L	N	L	L
6. Outdoor Seating/Eating and Drinking Establishment	N	N	N	N	N	L	L	L	N	L	L	L	L	N	N	N	N	L
7. Pumpkin Sales	L	L	L	N	N	L	L	L	N	L	L	L	L	L	L	N	L	L
8. Retail Sales, Outdoor	N	N	N	N	N	L	L	L	L	L	L	L	L	N	N	N	N	L
9. Swap Meets, Non-Recurring	L	L	L	N	L	L	L	L	N	L	L	L	L	N	N	N	N	L
10. Swap Meets, Recurring	N	N	N	N	N	L	L	L	N	L	L	L	L	N	N	N	L	L
11. Street Fairs	N	N	N	N	N	L	L	L	N	L	L	L	L	N	L	N	N	L
12. Vendor Carts	N	N	N	N	N	L	L	L	N	L	L	L	L	L	L	N	N	L

1. No use shall be permitted except in accord with a valid Planned Development Permit.

2. Interim uses (in existing buildings which do not have an approved P-D Permit) will be allowed as outlined in the Use Regulations Table. See Sec. 10-2.2.903. Interim Uses.

*Code reviser's note: Section 9 of Ord. 2161, adding the MU-C and MU-R districts to the land use summary table, has not been codified pending determination by the City.

LAND USE

ZONING DISTRICT USE REGULATIONS

D-3

M-H-D1

H-P-D1

P-R

C-R

O-C

M-U2

AS-CM

S-C

B-P

C-C

O-S-R

C-F

HO-PD1

SFH-PD11

MU-D

10-2.2.2001 Purpose and Intent.

10-2.2.2002 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations". Where a Use Regulation or a letter in parenthesis is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed are not permitted.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(G)(J)
1. Adult Day Care Home	P
2. Congregate Living Facility
3. Family Day Care Home
a. Small Family Day Care Home	P	(D)
b. Large Family Day Care Home	P	(D)
4. Group Residential
5. Multiple-Family Residential
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(I)
b. Junior Accessory Dwelling Unit	P	(I)
8. Single-Family Residential	P
9. Supportive Housing	L(10)
10. Transitional Housing	L(10)
B. Commercial Use Classifications
1. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
2. Visitor Accommodations
a. Bed and Breakfast Inns	U	(E)
C. Community Facility Use Classifications
1. Adult Day Care Facility	U
2. Child Day Care Facility (Day Care Center)	U	(D)
3. Park and Recreation Facilities	L(2)
4. Public Safety Facilities	U
5. Recycling Facilities
a. Collection Facility
(1) Reverse Vending Machine	L(3)	(F)
(2) Small Collection Facility	L(3)	(F)
6. Religious Assembly	U
7. Residential Care Facility	L(4)
8. Schools, Public or Private	U
9. Utilities, Minor	P
D. Accessory Uses
1. Accessory Living Quarters	L(5)
2. Accessory Structure	L(6)	(A)
3. Accessory Uses	L(7)
a. Garage Sales	P
b. Home Occupations	L(7)	(B)
c. Personal Cannabis Cultivation	L(9)	(H)
E. Temporary Uses
1. Arts and Crafts Shows, Outdoor	L(8)
2. Christmas Tree Sales	L(8)
3. Civic/Community Events	L(8)
4. Farmers Markets	L(8)
5. Live Entertainment Events	L(8)
6. Pumpkin Sales	L(8)
7. Swap Meets, Non-Recurring	L(8)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Private neighborhood swim centers, owned and operated by and for the residents of the neighborhood in which such uses are located, are permitted upon approval of a Conditional Use Permit. All other uses within this classification are permitted.
L(3)	Reverse vending machines used by occupants of single family homes, duplex units and multiple family housing projects for the sole collection and storage of recyclable material generated by on-site residents are permitted. Reverse vending machines and small collection facilities are permitted in Community Service Facilities (see Part III, Article 7. Recycling Facilities. For the definition of "Community Service Facilities") upon approval by the Community Development Director. Storage containers must be enclosed or placed out of view of any public right-of-way.
L(4)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2. Off-site Parking and Loading Regulations. shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as required for the Residential Use Classifications in Sec. 10-2.2.103.
L(5)	Accessory living quarters, as defined in Part I, Article 4. Use Classifications, are living quarters within an accessory structure, without kitchen facilities. Accessory living quarters are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(6)	Accessory structures are permitted subject to the standards in Sec. 10-2.3.103. Accessory Structures.
L(7)	Home Occupations are permitted subject to the approval of a Home Occupation Permit (see Sec. 10-2.3.107. Home Occupations). For all other accessory uses, see the use regulation for the primary use classification.
L(8)	Permitted in private country clubs and golf courses, neighborhood swim centers, cultural institutions, park and recreation facilities, religious assembly, and schools subject to the approval of a Temporary Activity Permit (see Sec. 10-2.3.118. Temporary Activity Permits).
L(9)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(10)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

ADDITIONAL USE REGULATIONS
(A)	See Sec. 10-2.3.103. Accessory Structures.
(B)	See Sec. 10-2.3.107. Home Occupations.
(C)	See Sec. 10-2.3.108. Animals.
(D)	See Part III, Article 6. Child Day Care Facilities.
(E)	See Sec. 10-2.3.109. Bed and Breakfast Inns.
(F)	See Part III, Article 7. Recycling Facilities
(G)	See Part III, Article 9. Inclusionary Housing.
(H)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(I)	See Part III, Article 5. Accessory Dwelling Units.
(J)	See Part III, Article 15. Qualified Senate Bill 9 Properties.

10-2.2.2003 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	4,840 sq ft	D(1), D(2), D(3), D(5), D(6)
B. Minimum Lot Width	50 feet	D(1), D(2), D(3), D(5), D(6), D(10)
C. Minimum Lot Frontage	50 feet	D(1), D(2), D(3), D(4), D(5), D(6), D(10)
D. Minimum Setbacks		D(1),D(2), D(3), D(4), D(5), D(6)
1. Front	20 feet for driveway approach; 18 feet for remainder of the structure, exclusive of open porches	D(6)
2. Side	0 feet	D(6)
3. Corner Side	15 feet	D(6), D(7)
4. Rear	15 feet	D(6)
E. Maximum Height	25 feet; 2 stories
F. Density	6 to 9 du/net acre
G. Maximum Lot Coverage	50%	D(6)
H. Maximum Floor Area Ratio/per unit (including garage)	.55	D(6)
I. Minimum Distance Between Main Structures	10 feet
J. Placement of Mailboxes		D(8)
K. Temporary Tract Offices	See Sec. 10-2.3.113.
L. Fences and Walls	See Sec. 10-2.3.104.
M. Antennas	See Sec. 10-2.3.120.
N. Non-Conforming Conditions	See Part III, Article 3.
O. Recycling Facilities	See Part III, Article 7.
P. Parking and Loading	See Part III, Article 2 2 covered, off-street parking spaces	D(11)
Minimum Distance between curb cuts	22 feet; except at the radius end of a cul-de-sac
Q. Signs	See Title 10. Chapter 8
R. Preservation of Trees	See Title 3. Chapter 8.
S. Hillside Performance Standards	See Part III, Article 4.
T. Design Review		D(9)
U. Stormwater Control	See Title 9, Chapter 16
V. Landscaping	See Part III, Article 11.

(§1, Ord. 1908, eff. 10/16/97; §2, Ord. 2037, eff. 12/17/04; §22, Ord. 2108, eff. 4/7/12)

10-2.2.2004 Additional Property Development Regulations.

1. The main entry feature (which shall not be the garage door) must be prominently placed on the elevation facing the street.

3. Repetitive streetscape appearance shall be avoided by providing variations between the front elevations and through the landscaping plans.

4. Initial landscaping shall be submitted and approved as part of the Design Review approval process.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	For development of uses (other than Residential Care Facilities) within the Community Facility Use Classifications, the minimum lot area, lot width, lot frontage and setbacks are to be determined by the Planning Commission in approval of the Conditional Use Permit. The development regulations for a Residential Care Facility shall be the same as required for the Residential Use Classifications.
D(2)	See Sec. 10-2.3.106. Exclusion of Rights of Way.
D(3)	In the event that more than one half of the front lot line is a concave curve, the minimum lot frontage shall be not less than one half of the required lot width, and the actual width of the lot measured at the rear line of the required front yard shall be not less than 80% of the required lot width.
D(4)	See Sec. 10-2.3.102. Yards, Setbacks and Open Areas.
D(5)	Refer to the Zoning Map for Future Street Line Setbacks.
D(6)	Property Development Standards for single family homes on lots larger than 7,260 square feet are as follows:
	Property North of Geary Road
	Lot Width and Frontage	80 feet
	Lot Depth	100 feet
	Front yard	20 feet
	Side yards	Interior - Sum of both side yards must be 15 feet
	Corner - If corner lot abuts the sides of two interior lots, same as required front yard
	Rear yard	10 feet
	Maximum Lot Coverage	35%
	Property South of Geary Road
	Lot Width and Frontage	75 feet
	Lot Depth	95 feet
	Front yard	20 feet
	Side yards	Interior - Sum of both side yards must be 15 feet
	Corner - If corner lot abuts the sides of two interior lots, same as required front yard
	Rear yard	10 feet
	Maximum Lot Coverage	40%
D(7)	The side yard on the street side of a reversed corner lot shall be not less than the required front yard in the district in which such lot is located.
D(8)	No mailbox shall be placed within the minimum required depth of the front yard in the sidewalk area between the curb and property line unless the regulations of the U.S. Postal Service specifically mandate such placement. The Chief of Code Enforcement may grant an exception to the above restriction upon request by the applicant wherein special circumstances applicable to the property such as size, shape, or location of buildings justify the exception.
D(9)	Design Review - Except for those single-family dwellings and accessory structures exempted from the provisions of this notice, no new building shall be constructed or moved onto any building site, nor shall any existing nonresidential building be enlarged, remodeled or otherwise altered on the exterior, nor shall any landscaping previously required pursuant to any permit be altered, nor shall any parking layout or dimension be altered until the design plan and site plan have received design review approval pursuant to Part IV, Article 12, Design Review. The Design Review Authority, in determining the appropriateness of the design of proposed projects subject to Discretionary Design Review pursuant to Part IV, Article 12, Design Review, shall take into consideration: a. The ability of the project to retain single-family character by reducing building masses, and maximizing compatibility to the site and with adjacent uses; and b. Adequacy of open space areas, landscaped areas, and the buffering of adjacent uses.
D(10)	The Planning Commission may decrease the minimum lot width or minimum lot frontage provided that findings can be made for adequate on-street parking for at least one parking space per unit, exclusive of required parking.
D(11)	One on-street parking space shall be available for each dwelling unit, exclusive of required parking. These spaces can be provided on public roadways in front of or behind the dwelling units, or in small parking lots scattered throughout the site.

(§1, Ord. 1908, eff. 10/16/97; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.2101 Purpose and Intent.

10-2.2.2102 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(E)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	L(1)
5. Multiple Family Residential	L(1)
6. Residential Care Home	L(1)
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(N)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(24), L(25)
10. Transitional Housing	L(24)
B. Commercial Use Classifications		(G)
1. Ambulance Services
2. Animal Sales and Services
a. Animal Hospital/Veterinary Services	L(3)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennels	L(3)
3. Artist Studios	L(4)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(5)
(1) With Drive-up Services
(2) With Automated Teller Machines	P
5. Catering Services	L(6)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(7)
8. Custom Manufacturing	L(7)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(8)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(9)
(2) With Wine and Beer Service Ending After 11:00 p.m.	L(10)
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(9)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.	L(10)
(5) With Live Entertainment	L(11)	(H)
(6) With Dancing	L(11)	(H)
(7) With Take-out Services	L(8)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(12)
(9) With Off-site Distribution	U	(I)
(a) Micro-breweries	U	(I)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(13)
b. Convenience Markets	L(13)
(1) With Gasoline Sales
c. Specialty Food Shops	L(13)
(1) With Off-site Distribution	U	(I)
11. Funeral and Interment Services
12. Health Clubs	U
13. Home Improvement Sales and Services	L(3)
14. Horticultural Establishments
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	L(4)
17. Mini Storage
18. Nurseries
19. Offices, Business and Professional
a. Offices, Business and Professional	L(5)
(1) Offices, Medical	L(7)
20. Parking, Commercial Facilities	U	(J)
21. Pawn Shops	P
22. Personal Improvement Services	L(14)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outdoor Facilities
25. Research and Development Services
26. Retail Sales/Rentals	L(13)
27. Vehicle/Equipment Sales and Services
a. Automobile Rental and Leasing	L(3)
b. Automobile Sales/New and Used	L(3)
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) With Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals	L(3)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	L(1)
b. Hotels	P
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facilities	L(1)
2. Child Day Care Facilities (Day Care Center)	L(1)	(F)
3. Clubs and Lodges	L(1)
4. Colleges, Public or Private	L(1)
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museums	P
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(7)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(O)
12. Low Barrier Navigation Center	L(26)	(O)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(15)	(K)
(2) Small Collection Facilities	L(15)	(K)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(4)
20. Residential Care Facilities	L(16)
21. Schools, Public or Private	L(1)
22. Skilled Nursing Facilities	L(1)
23. Utilities, Major	L(17)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(18)
3. Accessory Use	L(19)
a. Garage Sales
b. Home Occupations	L(20)	(L)
c. Personal Cannabis Cultivation	L(23)	(M)
G. Temporary Uses		(G)
1. Arts and Crafts Shows, Outdoor	L(21)
2. Christmas Tree Sales	L(21)
3. Civic/Community Events	L(21)
4. Farmers Markets	L(21)
5. Live Entertainment Events	L(21)
6. Outdoor Seating for Eating and Drinking Establishments	L(12)
7. Pumpkin Sales	L(21)
8. Retail Sales, Outdoor	L(21)
9. Street Fairs	L(21)
10. Swap Meets, Non-Recurring	L(21)
11. Swap Meets, Recurring	L(21)
12. Vendor-Carts	L(22)

USE REGULATIONS
L(1)	Permitted on floors above the ground floor of a multi-story building; conditionally permitted on the ground floor of a multi-story building when located more than fifty (50) feet from the street line of a Core Area Retail Street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area Retail Street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width. Consistent with the General Plan, commercial uses shall occupy at least fifty percent (50%) of the gross floor area of the ground floor, excluding parking.
L(2)	Repealed by Ord. 2248.
L(3)	Conditionally permitted on floors above the ground floor of a completely enclosed multistory building; conditionally permitted on the ground floor of a completely enclosed multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(4)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use is compatible with active pedestrian activity on the adjacent public right-of-way; b) The proposed use is compatible with retail uses. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(5)	Businesses whose primary activities involve walk-in customer visits (including but not limited to retail banks and savings and loans; maintenance and repair service centers for small equipment; document preparation centers; real estate agencies; and public offices for title companies, mortgage brokers, stock brokers, and financial advisors) are permitted on the ground floor of a multistory building when located west of North/South California Boulevard; otherwise permitted subject to L(4) above.
L(6)	Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review, as an accessory use associated with food and beverage sales or an eating and/or drinking establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops; otherwise not permitted. In granting design review approval, the Design Review Commission Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area, including that resulting from garbage pickup.
L(7)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(8)	Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area, including that resulting from garbage pickup.
L(9)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(10)	Not permitted if located within 600 feet of the boundary of any school (as defined in Part I, Article 4, Use Classifications) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(11)	Conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) Suitable design features and operating measures have been incorporated into the project to mitigate the impact of objectionable noise on existing or future residential uses in the surrounding area; b) Design features have been incorporated into the project to adequately handle customer queuing.
L(12)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(13)	Facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use will not cause adverse noise, odor, and litter impacts. b) The proposed use (including hours of operation) will be compatible with existing or future residential uses in the surrounding area.
L(14)	Business and trade schools, driving schools, and other similar uses are permitted subject to L(4) above. Fine arts, crafts, dance or music studios, exercise or aerobic studios, diet centers, and other similar uses are permitted subject to L(5) above.
L(15)	Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.
L(16)	Permitted on floors above the ground floor of a multistory building if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2, Off-Street Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as is required for Residential Use Classifications by Section 10-2.2.2103. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten (10) percent of the gross floor area of the ground floor, nor more than ten (10) percent of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(17)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(18)	Accessory structures are permitted subject to Section 10-2.2.2103, Property Development Regulations.
L(19)	See the use regulations for the primary use classification.
L(20)	Home Occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.
L(21)	Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.
L(22)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.
L(23)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(24)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(25)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(26)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Structures.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 9, Inclusionary Housing.
(E)	See Part III, Article 10, Density Bonus Ordinance.
(F)	See Part III, Article 6, Child Day Care Facilities.
(G)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.
(H)	See Municipal Code, Title 4, Chapter 11, Public Dance Permits.
(I)	See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(J)	See Part III, Article 2, Off-Street Parking and Loading Regulations.
(K)	See Part III, Article 7, Recycling Facilities.
(L)	See Section 10-2.3.107, Home Occupations.
(M)	See Part III, Article 14. Personal and Commercial Cannabis Activities.
(N)	See Part III, Article 5. Accessory Dwelling Units.
(O)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.2103 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.
B. Minimum Lot Width	80 feet
C. Minimum Lot Frontage	80 feet
D. Minimum Lot Depth	100 feet	D(1)
E. Minimum Setbacks		D(2) D(3)
1. Front		D(4)
2. Side		D(5)
3. Corner Side		D(4)
4. Rear		D(5)
F. Maximum Height		D(6)
G. Density		D(15)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Minimum Floor Area Ratio		D(16)
K. Minimum Ground Floor Height		D(8)
L. Minimum Ground Floor Depth		D(9)
M. Courts	See Sec. 10-2.3.127.
N. Design Review	See Section 10‑2.4.1202.	D(10)
O. Landscaping	See Part III, Article 11.	D(11)
P. Storage Space for Residential Units		D(12)
Q. Fences and Walls	See Section 10-2.3.104.
R. Antennas	See Section 10-2.3.120.
S. Nonconforming Conditions	See Part III, Article 3.
T. Elevators	See Section 10-2.3.124.
U. Recycling Facilities	See Part III, Article 7.
V. Parking and Loading	See Part III, Article 2.	D(13) D(14)
W. Signs	See Title 10, Chapter 8.
X. Preservation of Trees	See Title 3, Chapter 8.
Y. Hillside Performance Standards	See Part III, Article 4.
Z. Stormwater Control	See Title 9, Chapter 16.
AA. Private Residential Outdoor Space	See Section 10-2.3.126.
BB. Lighting	See Section 10-2.3.128.

ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for future street line setbacks.
D(4)	Minimum front and corner side setbacks shall be provided as follows: a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following: 1) On Core Area retail streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot-wide unobstructed pedestrian path of travel; 2) On other than Core Area retail streets, a setback sufficient to provide a minimum ten (10)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot-wide unobstructed pedestrian path of travel; 3) As specified by the General Plan or an applicable specific plan. b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.
D(5)	None required except as follows: a) For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.
D(6)	Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: Refer to the Zoning Map.
D(7)	Within the plan area boundaries of the West Downtown Specific Plan: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council, as identified by the Community Benefits Program, may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: The maximum floor area ratio shall be 1.5 unless otherwise specified in Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios) and Figure 9 (Mixed Use Floor Area Ratios) of the General Plan, or in an applicable specific plan. Notwithstanding the foregoing, the floor area ratio shall not exceed 1.0 on properties with a net lot area less than ten thousand (10,000) square feet.
D(8)	The ground floor height for all portions of a building located within fifty (50) feet of a street line, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet.
D(9)	The minimum depth of all ground floor tenant spaces abutting the street shall be the lesser of the following: a) Fifty (50) feet; or b) Ten (10) feet less than the lot depth. This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line.
D(10)	For new buildings or additions which include ground floor area intended uses other than those described in Section 10-2.1.403(A), Residential Use Classifications, in granting design review approval the Design Review Authority pursuant to Part IV, Article 12, Design Review, shall find that adequate ventilation features (such as internal vertical chases to the roof) are provided in order to accommodate restaurants and other similar uses in the future.
D(11)	A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. For ground-floor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped. ii. For all other ground floor uses, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(12)	Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(13)	Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses by means of signs, gates, barriers, and/or markings.
D(14)	No surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.
D(15)	Within the plan area boundaries of the West Downtown Specific Plan: The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area, upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Within the plan area boundaries of the North Downtown Specific Plan: The maximum density is one (1) dwelling unit per eight hundred seventy-five (875) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per six hundred seventy-five (675) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: The maximum density is one (1) dwelling unit per eight hundred seventy-five (875) square feet of net lot area.
D(16)	Within the plan area boundaries of the West Downtown Specific Plan: Minimum FAR is 1.0. Outside of the plan area boundaries of the West Downtown Specific Plan: No minimum.

(§5, Ord. 2158, eff. 11/18/16; §6, Ord. 2161, eff. 1/19/17; §9, Ord. 2194, eff. 6/7/19; §12, Ord. 2200, eff. 12/6/19; §10, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.2201 Purpose and Intent.

10-2.2.2202 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(E)
1. Adult Day Care Home	P
2. Congregate Living Facility	P
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	P
5. Multiple Family Residential	P
6. Residential Care Home	P
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(O)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(19), L(20)
10. Transitional Housing	L(19)
B. Commercial Use Classifications		(G)(H)
1. Ambulance Services
2. Animal Sales and Services
a. Animal Hospital/Veterinary Services	L(2)
b. Animal: Retail Sales and Grooming	L(3)
c. Horse Stables
d. Kennels
3. Artist Studios	L(4)
4. Banks and Savings and Loans
a. Banks and Savings and Loans	L(4)
(1) With Drive-up Services
(2) With Automated Teller Machines	L(3)
5. Catering Services	L(6)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Nonstorefront Delivery-Only Operation
f. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(4)
8. Custom Manufacturing	L(3)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(6)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(7)
(2) With Wine and Beer Service Ending After 11:00 p.m.
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(7)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Services	L(6)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(8)
(9) With Off-site Distribution	U	(J)
(a) Micro-breweries	U	(J)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(9)
b. Convenience Markets	L(9)
(1) With Gasoline Sales
c. Specialty Food Shops	L(9)
(1) With Off-site Distribution	U	(J)
11. Funeral and Interment Services
12. Health Clubs	L(2)
13. Home Improvement Sales and Services	L(2)
14. Horticultural Establishments
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	L(3)
17. Mini Storage
18. Nurseries
19. Offices, Business and Professional
a. Offices, Business and Professional	L(4)
(1) Offices, Medical	L(4)
20. Parking, Commercial Facilities
21. Pawn Shops	L(3)
22. Personal Improvement Services	L(3)
23. Personal Services	L(4)
24. Recreation and Entertainment, Commercial
a. Within a Building	L(2)
b. Outdoor Facilities
25. Research and Development Services
26. Retail Sales/Rentals	L(4)
27. Vehicle/Equipment Sales and Services
a. Automobile Rental and Leasing	L(3)
b. Automobile Sales/New and Used	L(3)
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) With Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals	L(3)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	U
b. Hotels	L(4)
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications		(G)
1. Adult Day Care Facilities	L(4)
2. Child Day Care Facilities (Day Care Center)	L(4)	(F)
3. Clubs and Lodges	L(4)
4. Colleges, Public or Private	L(4)
5. Cultural Institutions
a. Cultural Institutions	L(4)
b. Natural History/Science Museums	L(4)
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(4)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U
12. Low Barrier Navigation Center	L(21)	(P)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	P
15. Public Parking Facilities	U
16. Public Safety Facilities	L(4)
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(10)	(L)
(2) Small Collection Facilities	L(10)	(L)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(4)
20. Residential Care Facilities	L(11)
21. Schools, Public or Private	L(4)
22. Skilled Nursing Facilities	L(4)
23. Utilities, Major	L(12)
24. Utilities, Minor	P
F. Accessory Uses		(G)
1. Accessory Living Quarters
2. Accessory Structure	L(13)
3. Accessory Use	L(14)
a. Garage Sales
b. Home Occupations	L(15)	(M)
c. Personal Cannabis Cultivation	L(18)	(N)
G. Temporary Uses		(G)(H)
1. Arts and Crafts Shows, Outdoor	L(16)
2. Christmas Tree Sales	L(16)
3. Civic/Community Events	L(16)
4. Farmers Markets	L(16)
5. Live Entertainment Events	L(16)
6. Outdoor Seating for Eating and Drinking Establishments	L(12)
7. Pumpkin Sales	L(16)
8. Retail Sales, Outdoor	L(16)
9. Street Fairs	L(16)
10. Swap Meets, Non-Recurring	L(16)
11. Swap Meets, Recurring	L(16)
12. Vendor-Carts	L(17)

USE REGULATIONS
L(1)	Repealed by Ord. 2248.
L(2)	Conditionally permitted on the ground floor of a completely enclosed multistory building; otherwise not permitted.
L(3)	Permitted on the ground floor of a multistory building; otherwise not permitted.
L(4)	Permitted on the ground floor of a multistory building; conditionally permitted on the floors above the ground floor of a multistory building. In approving a Conditional Use Permit, the Planning Commission shall find that the proposed use is compatible with residential uses in the same building, and will not negatively impact existing or future residential uses in the same building or surrounding area with respect to noise, odor, traffic, privacy, or other factors.
L(5)	Permitted on the ground floor of a multistory building subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review, as an accessory use associated with Food and Beverage Sales or an Eating and/or Drinking Establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops; otherwise not permitted. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(6)	Permitted on the ground floor of a multistory building subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review; otherwise not permitted. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(7)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(8)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(9)	Permitted on the ground floor of a multistory building except that facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise not permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use will not cause adverse noise, odor, and litter impacts. b) The proposed use (including hours of operation) will be compatible with existing or future residential uses in the surrounding area.
L(10)	Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.
L(11)	Permitted if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2, Off-Street Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as is required for Residential Use Classifications by Section 10-2.2.2203.
L(12)	Electrical substations, above-ground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(13)	Accessory structures are permitted subject to Section 10-2.2.2203, Property Development Regulations.
L(14)	See the use regulations for the primary use classification.
L(15)	Home Occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.
L(16)	Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.
L(17)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.
L(18)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(19)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(20)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(21)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Structures.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 9, Inclusionary Housing.
(E)	See Part III, Article 10, Density Bonus Ordinance.
(F)	See Part III, Article 6, Child Day Care Facilities.
(G)	Consistent with the General Plan, residential uses must be the primary use.
(H)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.
(I)	See Municipal Code, Title 4, Chapter 11, Public Dance Permits.
(J)	See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(K)	See Part III, Article 2, Off-Street Parking and Loading Regulations.
(L)	See Part III, Article 7, Recycling Facilities.
(M)	See Section 10-2.3.107, Home Occupations.
(N)	See Part III, Article 14, Personal and Commercial Cannabis Activities.
(O)	See Part III, Article 5, Accessory Dwelling Units.
(P)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

10-2.2.2203 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.
B. Minimum Lot Width	80 feet
C. Minimum Lot Frontage	80 feet
D. Minimum Lot Depth	100 feet	D(1)
E. Minimum Setbacks		D(2) D(3)
1. Front		D(4)
2. Side		D(5)
3. Corner Side		D(4)
4. Rear		D(5)
F. Maximum Height		D(6)
G. Density	1 dwelling unit per 425 sq. ft. of net lot area
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(7)
J. Minimum Ground Floor Height		D(8)
K. Minimum Ground Floor Depth		D(9)
L. Courts	See Section 10-2.3.127.
M. Design Review	See Section 10‑2.4.1202.	D(10)
N. Landscaping	See Part III, Article 11.	D(11)
O. Storage Space for Residential Units		D(12)
P. Fences and Walls	See Section 10-2.3.104.
Q. Antennas	See Section 10-2.3.120.
R. Non-Conforming Conditions	See Part III, Article 3.
S. Elevators	See Section 10-2.3.124.
T. Recycling Facilities	See Part III, Article 7.
U. Parking and Loading	See Part III, Article 2.	D(13) D(14)
V. Signs	See Title 10, Chapter 8.
W. Preservation of Trees	See Title 3, Chapter 8.
X. Hillside Performance Standards	See Part III, Article 4.
Y. Stormwater Control	See Title 9, Chapter 16.

	ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot having a depth of less than 100 feet may be developed pursuant to all provisions of this chapter.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for Future Street Line Setbacks.
D(4)	Minimum front and corner side setbacks shall be provided as follows: a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following: 1) On Core Area Retail Streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot wide unobstructed pedestrian path of travel; 2) On other than Core Area Retail Streets, a setback sufficient to provide a minimum ten (10)-foot wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot wide unobstructed pedestrian path of travel; 3) As specified by the General Plan or an applicable Specific Plan. b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.
D(5)	None required except as follows: a) For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.
D(6)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: Refer to the Zoning Map.
D(7)	Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. Outside of the plan area boundaries of the North Downtown Specific Plan: The maximum floor area ratio shall be as specified in Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios) and Figure 9 (Mixed Use Floor Area Ratios) of the General Plan, or in an applicable specific plan. Notwithstanding the foregoing, the floor area ratio shall not exceed 1.0 on properties with a net lot area less than ten thousand (10,000) square feet.
D(8)	The ground floor height, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of 18 feet for all uses other than those described in Section 10-2.1.403(A), Residential Use Classifications; otherwise 12 feet.
D(9)	The minimum depth of all ground floor tenant spaces abutting the street for all uses other than those described in Section 10-2.1.403(A), Residential Use Classifications, shall be the lesser of the following: a) Fifty feet; or b) Ten feet less than the lot depth This requirement shall not apply to uses described in Section 10-2.1.403(A), Residential Use Classifications.
	Notwithstanding the foregoing, the Design Review Commission may allow exceptions to the dimensional standards and overlap restrictions for yards and courts which are specified above. In granting Design Review approval, the Design Review Commission shall find that the interior(s) of the dwelling unit(s) will be provided with visual access to open sky, access to direct or indirect sunlight, and visual privacy, all equal to or better than what would otherwise be provided through compliance with the standard requirements.
D(10)	For new buildings or additions which include ground floor area intended uses other than those described in Section 10-2.1.403(A), Residential Use Classifications, in granting design review approval the Design Review Authority pursuant to Part IV, Article 12, Design Review, shall find that adequate ventilation features (such as internal vertical chases to the roof) are provided in order to accommodate restaurants and other similar uses in the future.
D(11)	A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. For ground-floor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped. ii. For all other ground floor uses, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(12)	Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.
D(13)	Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses in a manner approved by the Transportation Administrator by means of signs, gates, barriers, and/or markings.
D(14)	No surface, ground level, or above ground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area Retail Street.

(§7, Ord. 2158, eff. 11/18/16; §8, Ord. 2161, eff. 1/19/17; §13, Ord. 2200, eff. 12/6/19; §11, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS

10-2.2.2301 Purpose and Intent.

10-2.2.2302 Land Use Regulations. Revised 4/25

In the following table, the letters in the "Use Regulation" column are defined as follows:

P	=	A permitted use.
L	=	A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.
U	=	A use permitted on approval of a Conditional Use Permit.

LAND USE	USE REGULATIONS	ADDITIONAL REGULATIONS
A. Residential Use Classifications		(A)(B)(C)(D)(E)
1. Adult Day Care Home	P
2. Congregate Living Facility	L(1)
3. Family Day Care Home
a. Small Family Day Care Home	P	(F)
b. Large Family Day Care Home	P	(F)
4. Group Residential	L(1)
5. Multiple Family Residential	L(1)
6. Residential Care Home	L(1)
7. Accessory Dwelling Units
a. Accessory Dwelling Unit	P	(M)
b. Junior Accessory Dwelling Unit
8. Single Family Residential
9. Supportive Housing	L(18), L(19)
10. Transitional Housing	L(18)
B. Commercial Use Classifications		(G)
1. Ambulance Services
2. Animal Sales and Services
a. Animal Hospital/Veterinary Services	L(3)
b. Animal: Retail Sales and Grooming	P
c. Horse Stables
d. Kennels	L(3)
3. Artist Studios	P
4. Banks and Savings and Loans
a. Banks and Savings and Loans	P
(1) With Drive-up Services
(2) With Automated Teller Machines	P
5. Catering Services	L(4)
6. Commercial Cannabis Business
a. Commercial Cannabis Cultivation
b. Commercial Cannabis Distribution
c. Commercial Cannabis Manufacturing
d. Commercial Cannabis Retail Dispensary
(1) With Cannabis Delivery
e. Non-Storefront Medical Cannabis Delivery-Only Operation
f. Non-Storefront Recreational Cannabis Delivery-Only Operation
g. Commercial Cannabis Testing Laboratory
7. Communication Facilities	L(1)
8. Custom Manufacturing	L(1)
9. Eating and/or Drinking Establishments
a. Eating and/or Drinking Establishments	L(5)
(1) With Wine and Beer Service Ending at or Before 11:00 p.m.	L(6)
(2) With Wine and Beer Service Ending After 11:00 p.m.
(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.	L(6)
(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.
(5) With Live Entertainment
(6) With Dancing
(7) With Take-out Services	L(5)
(a) Drive-up
(8) With Permanent Outdoor Seating	L(7)
(9) With Off-site Distribution	U	(I)
(a) Micro-breweries	U	(I)
10. Food and Beverage Sales
a. Food and Beverage Sales	L(8)
b. Convenience Markets	L(8)
(1) With Gasoline Sales
c. Specialty Food Shops	L(8)
(1) With Off-site Distribution	U	(I)
11. Funeral and Interment Services
12. Health Clubs	U
13. Home Improvement Sales and Services	L(3)
14. Horticultural Establishments
15. Lumber and Building Material Yards
16. Maintenance and Repair Services/Small Equipment	P
17. Mini Storage
18. Nurseries
19. Offices, Business and Professional
a. Offices, Business and Professional	L(1)
(1) Offices, Medical	L(1)
20. Parking, Commercial Facilities	U	(J)
21. Pawn Shops	P
22. Personal Improvement Services	L(9)
23. Personal Services	P
24. Recreation and Entertainment, Commercial
a. Within a Building	U
b. Outdoor Facilities
25. Research and Development Services
26. Retail Sales/Rentals	L(8)
27. Vehicle/Equipment Sales and Services
a. Automobile Rental and Leasing	L(3)
b. Automobile Sales/New and Used	L(3)
c. Automobile Washing
d. Automobile Wrecking
e. Service Stations
(1) With Automobile Washing
f. Vehicle/Equipment Repair
(1) Limited Vehicle Service
g. Vehicle/Equipment Sales and Rentals	L(3)
h. Vehicle Storage
28. Visitor Accommodations
a. Bed and Breakfast Inns	L(1)
b. Hotels	P
c. Motels
C. Industrial Use Classifications
1. General Industry
2. Limited Industry
3. Research Development Industry
4. Wholesaling, Distribution and Storage
D. Agricultural Use Classifications
1. Animal Husbandry
2. Crop Production
E. Community Facility Use Classifications
1. Adult Day Care Facilities	L(1)
2. Child Day Care Facilities (Day Care Center)	L(1)	(F)
3. Clubs and Lodges	L(1)
4. Colleges, Public or Private	L(1)
5. Cultural Institutions
a. Cultural Institutions	P
b. Natural History/Science Museums	P
6. Emergency Medical Care/No Inpatient
7. Government Offices	L(1)
8. Hazardous Waste Management Facilities
9. Heliports
10. Hospitals
a. Acute Care
b. Other
11. Housing for the Homeless/Emergency Shelters	U	(N)
12. Low Barrier Navigation Center	L(20)	(N)
13. Maintenance and Service Facilities
14. Park and Recreation Facilities	L(9)
15. Public Parking Facilities	P
16. Public Safety Facilities	P
17. Public Transit Terminals
18. Recycling Facilities
a. Collection Facilities
(1) Reverse Vending Machine Facilities	L(10)	(K)
(2) Small Collection Facilities	L(10)	(K)
(3) Large Collection Facilities
b. Processing Facilities
19. Religious Assembly	L(9)
20. Residential Care Facilities	L(1)
21. Schools, Public or Private	L(1)
22. Skilled Nursing Facilities	L(1)
23. Utilities, Major	L(11)
24. Utilities, Minor	P
F. Accessory Uses
1. Accessory Living Quarters
2. Accessory Structure	L(12)
3. Accessory Use	L(13)
a. Garage Sales
b. Home Occupations	L(14)	(B)
c. Personal Cannabis Cultivation	L(15)	(L)
G. Temporary Uses		(G)
1. Arts and Crafts Shows, Outdoor	L(16)
2. Christmas Tree Sales	L(16)
3. Civic/Community Events	L(16)
4. Farmers Markets	L(16)
5. Live Entertainment Events	L(16)
6. Outdoor Seating for Eating and Drinking Establishments	L(7)
7. Pumpkin Sales	L(16)
8. Retail Sales, Outdoor	L(16)
9. Street Fairs	L(16)
10. Swap Meets, Non-Recurring	L(16)
11. Swap Meets, Recurring	L(16)
12. Vendor-Carts	L(17)

USE REGULATIONS
L(1)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(2)	Repealed by Ord. 2248.
L(3)	Permitted on floors above the ground floor of a completely enclosed multistory building; permitted on the ground floor of a completely enclosed multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(4)	Permitted as an accessory use associated with food and beverage sales or an eating and/or drinking establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops. Otherwise not permitted.
L(5)	Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review. In granting design review approval, the Design Review Authority shall find that: a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing and future residential uses in the surrounding area; b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable odor on existing and future residential uses in the surrounding area, including that resulting from garbage pickup.
L(6)	Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.
L(7)	Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to design review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.
L(8)	Facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise permitted. In approving the Conditional Use Permit, the Planning Commission shall find that: a) The proposed use will not cause adverse noise, odor, and litter impacts. b) The proposed use (including hours of operation) will be compatible with existing and future residential uses in the surrounding area.
L(9)	Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that: a) The proposed use is compatible with active pedestrian activity on the adjacent public right-of-way; b) The proposed use is compatible with retail uses. Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.
L(10)	Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.
L(11)	Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.
L(12)	Accessory structures are permitted subject to Section 10-2.2.2103, Property Development Regulations.
L(13)	See the use regulations for the primary use classification.
L(14)	Home occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.
L(15)	Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.
L(16)	Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.
L(17)	Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.
L(18)	Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).
L(19)	Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.
L(20)	Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS
(A)	See Section 10-2.3.103, Accessory Structures.
(B)	See Section 10-2.3.107, Home Occupations.
(C)	See Section 10-2.3.108, Animals.
(D)	See Part III, Article 9, Inclusionary Housing.
(E)	See Part III, Article 10, Density Bonus Ordinance.
(F)	See Part III, Article 6, Child Day Care Facilities.
(G)	See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.
(H)	See Title 4, Chapter 11, Public Dance Permits.
(I)	See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.
(J)	See Part III, Article 2, Off-Street Parking and Loading Regulations.
(K)	See Part III, Article 7, Recycling Facilities.
(L)	See Part III, Article 14, Personal and Commercial Cannabis Activities Ordinance.
(M)	See Part III, Article 5. Accessory Dwelling Units.
(N)	See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§10, Ord. 2194, eff. 6/7/19; §19, Ord. 2210, eff. 10/22/21; §4, Ord. 2239, eff. 7/5/24; §3(21), Ord. 2243, eff. 9/7/24; §3(2), Ord. 2248, eff. 2/21/25)

10-2.2.2303 Property Development Regulations.

CLASSIFICATION	DEVELOPMENT REGULATIONS	ADDITIONAL REGULATIONS
A. Minimum Lot Area	10,000 sq. ft.
B. Minimum Lot Width	80 feet
C. Minimum Lot Frontage	80 feet
D. Minimum Lot Depth	100 feet	D(1)
E. Minimum Setbacks		D(2) D(3)
1. Front		D(4)
2. Side		D(5)
3. Corner Side		D(4)
4. Rear		D(5)
F. Maximum Height		D(6)
G. Density		D(7)
H. Maximum Lot Coverage	NA
I. Maximum Floor Area Ratio		D(8)
J. Minimum Floor Area Ratio	1.0
K. Minimum Ground Floor Height		D(9)
L. Minimum Ground Floor Depth		D(10)
M. Courts
N. Design Review	See Section 10‑2.4.1202.
O. Landscaping	See Part III, Article 11.	D(11)
P. Fences and Walls	See Section 10-2.3.104.
Q. Antennas	See Section 10-2.3.120.
R. Nonconforming Conditions	See Part III, Article 3.
S. Elevators	See Section 10-2.3.124.
T. Recycling Facilities	See Part III, Article 7.
U. Parking and Loading	See Part III, Article 2.	D(12) D(13)
V. Signs	See Title 10, Chapter 8.
W. Preservation of Trees	See Title 3, Chapter 8.
X. Hillside Performance Standards	See Part III, Article 4.
Y. Stormwater Control	See Title 9, Chapter 16.

	ADDITIONAL DEVELOPMENT REGULATIONS
D(1)	Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.
D(2)	See Section 10-2.3.106, Exclusion of Rights-of-Way.
D(3)	Refer to the Zoning Map for future street line setbacks.
D(4)	Minimum front and corner side setbacks shall be provided as follows: a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following: 1) On Core Area retail streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot-wide unobstructed pedestrian path of travel; 2) On other than Core Area retail streets, a setback sufficient to provide a minimum ten (10)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot-wide unobstructed pedestrian path of travel; 3) As specified by the General Plan or an applicable specific plan. b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.
D(5)	None required except as follows: a. For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below: 1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet. 2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet. b. For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.
D(6)	Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet. Outside of the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map.
D(7)	The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, in areas with a maximum floor area ratio of not more than 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. In areas with a maximum floor area ratio in excess of 2.5, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per three hundred seventy-five (375) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(8)	In areas with a maximum height limit of up to fifty (50) feet, except on the west side of Oakland Boulevard: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 2.5 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements. In areas with a maximum height limit greater than fifty (50) feet, or on the west side of Oakland Boulevard: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.
D(9)	The ground floor height, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet for portions of buildings within fifty (50) feet of a Core Area retail street, and a minimum of twelve (12) feet elsewhere.
D(10)	The minimum depth of all ground floor tenant spaces abutting the street on a Core Area retail street shall be the lesser of the following: a) Fifty (50) feet; or b) Ten (10) feet less than the lot depth. This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line.
D(11)	A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows: i. For ground-floor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped. ii. For all other ground floor uses, a minimum of thirty percent (30%) of the yard shall be landscaped. See also Private Residential Outdoor Space in Section 10-2.3.126.
D(12)	Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses by means of signs, gates, barriers, and/or markings.
D(13)	No surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.

(§10, Ord. 2194, eff. 6/7/19; §12, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

USE REGULATIONS

ADDITIONAL USE REGULATIONS

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

ADDITIONAL DEVELOPMENT REGULATIONS